Tag: european criminal law
JudgmentsEAW refused: lack of proportionality (Milan Court, May 2023)
In order to ensure a proportionate use of the trial-type European Arrest Warrant, it is necessary to consider the possible use of other judicial instruments available to the member states of the European Union and in particular I 'European Criminal Investigation Order (EIO).
JudgmentsNeed for questioning allows European Arrest warrant (Cass. 46577/22)
Poland's EAW for questioning defendant is legitimate under Italian law, and proportionality check for EIO is not necessary.
Useful InformationArrested for an European Arrest Warrant in Italy
Arrested in Italy for an European Arrest Warrant: information and defense.
JudgmentsHome detention for EU citizens (Cass. 37739/21)
Framework Decision 2009/829/JHA allows an European supervision Order for home detention in another EU member state.
JudgmentsEurope has common asylum standard: EAW for refugee (Cass. 9821/21)
International protection granted in Italy does not prevent EAW surrender to another EU country.
ArticlesEuropean supervision measures: Italian resistances to go beyond pretrial detention
There is a risk of an abrogating interpretation of the regulations contained in the FD 829/2009 in Italian Courts: why and how solve it.
ArticlesTrust needs facts, not words: diplomatic assurances in extradition proceedings
Reliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?
Useful InformationSchengen Information System and European Arrest warrant in Italy
The existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.
JudgmentsItalian Government has to grant compensation to victims of violent intentional crimes (CJEU, 129/19)
Each Member State has the obligation to provide a scheme on compensation to victims of violent intentional crimes committed in its territory.
Useful InformationExtradition to Italy
How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.
Useful InformationExtradition lawyer in Italy
How should someone choose a defense attorney in extradition cases or European Arrest Warrant cases?
ArticlesItalian in absentia trial violates the right to a fair trial
The Italian rules governing the retrial of in absentia conviction do not meet European convention on Human rights' standard, because they do not grant the defendant the right to adduce new evidence and disputethe evidence gathered in his absence.
JudgmentsTFUE, statute of limitations and Italian legal principles (Constitutional Court, 115/18)
Do Italian courts have to disapply certain provisions of Italian law concerning statutes of limitations due to European rules?
JudgmentsSIS alert leads to arrest in Italy (ITA Supreme Court, 2018)
ArticlesEuropean Prosecutor, a Trojan horse for fundamental rights protection?
JudgmentsNe bis in idem in extradition proceedings: a general principle of EU law (Cass. 54467/16)
The principle of ne bis in idem constitutes neither principle nor custom of international law: in the European context the principle of ne bis in idem is a general principle.
JudgmentsItalian in absentia conviction infringes human dignity (BVerfG 2735/15)
The Italian rules governing the retrial of in absentia convictions do not respect human dignity.
JudgmentsOnly consolidated interpretation requires national judges to apply ECHR (It. Constitutional court. 49/2015)
It is thus only “consolidated law” resulting from the case law of the European Court on which the national courts are required to base their interpretation.