European Arrest Warrant: Commentary on Judgment No. 261/22 of 2023

The recent judgment No. 51798 of December 28, 2023, from the Court of Cassation provides an important interpretation regarding the European Arrest Warrant, particularly in relation to children's rights. The Court examined the case of a mother with a child under three years old, establishing specific conditions for the refusal of extradition.

The Legal Context

The European Arrest Warrant is a legal tool that allows for the arrest and extradition of a wanted person in a member state of the European Union. However, the protection of fundamental rights, particularly those of minors, plays a crucial role in these procedures. The Court of Justice of the European Union, in judgment C-261/22, established that the executing judicial authority cannot refuse the extradition of the mother solely because she has a cohabiting child under three years of age. This decision is based on the obligation for the requesting party to demonstrate specific deficiencies in the legal system of the requesting country.

261/22, the executing judicial authority cannot refuse the extradition solely because the requested person is the mother of a child cohabiting with her under the age of three, as it is the burden of the party to submit specific circumstances revealing the existence, in the requesting state, of structural and systemic deficiencies that expose the rights of children to a concrete risk. (In its reasoning, the Court specified that only when evaluation elements based on recognized and reliable international sources are obtained, the Court of Appeal is required to request supplementary information from the issuing state).

The Implications of the Judgment

This judgment underscores a fundamental principle: the protection of children's rights must not become a pretext to avoid the application of the law. It is the responsibility of the requesting party to provide concrete evidence of any risks to the minor in the country of origin. This aspect is particularly relevant in the context of international legal cooperation, where trust among member states is essential.

  • The judgment highlights the need for a thorough evaluation of living conditions in the requesting country.
  • It clarifies that mere motherhood does not automatically justify a refusal of extradition.
  • In case of doubts, the judicial authority must request additional information from the issuing state.

Conclusions

In conclusion, judgment No. 51798 of December 28, 2023, represents a significant step towards greater protection of children's rights even in the context of the European Arrest Warrant. It clearly establishes that the protection of children's rights must not compromise justice and the application of laws. Judicial authorities must act responsibly and concretely, balancing the needs of justice and the protection of the most vulnerable individuals.

Bianucci Law Firm