Judgment No. 37438 of 2024: Reflections on the European Arrest Warrant

Judgment No. 37438 of October 9, 2024, issued by the Court of Cassation, represents an important ruling concerning the European arrest warrant and the conditions for its execution in Italy. In particular, it emphasizes the issue of the finality of the conviction and the related possibilities of refusing the extradition of an Italian citizen convicted by a foreign judicial authority.

The Regulatory Context of the European Arrest Warrant

The European arrest warrant is a legal instrument introduced by the European Union to facilitate judicial cooperation among the various member states. The Italian law regulating this aspect is Law No. 69 of April 22, 2005, particularly Article 18-bis, which establishes the grounds for refusal of the execution of the warrant. The judgment in question clarifies that, in the case of an enforceable but not yet final conviction, it is not possible to oppose the refusal provided for by this norm.

  • The European arrest warrant facilitates the extradition of a convicted citizen between member states.
  • The refusal of extradition is possible only under certain conditions.
  • The finality of the conviction is an essential requirement for the possibility of refusal.

Analysis of the Judgment and Its Implications

In this case, the Court established that the request for the extradition of an Italian citizen, based on an enforceable but not yet final judgment issued by a French judicial authority, cannot be refused. This is because the execution of the sentence in Italy, according to domestic law, presupposes the finality of the judgment. The interpretation provided by the Court reflects a well-established jurisprudential trend aimed at ensuring cooperation among European judicial authorities.

European arrest warrant - Extradition abroad - Enforceable but not final conviction - Optional ground for refusal for the execution of the sentence in Italy - Opposability - Exclusion - Reasons - Case. In the matter of the European arrest warrant, the optional ground for refusal provided for by Article 18-bis, paragraph 2, Law No. 69 of April 22, 2005, cannot be opposed in the case where the request for the extradition of a citizen or a person permanently residing in the national territory is based on an enforceable but not yet final judgment, as the execution of the sentence in Italy in accordance with its domestic law, which legitimizes the aforementioned optional ground for refusal, presupposes, pursuant to Article 2 of Legislative Decree No. 161 of September 7, 2010, the finality of the judgment. (Case concerning an enforceable conviction issued by the French judicial authority against an Italian citizen, for which a cassation appeal was pending).

Conclusions

Judgment No. 37438 of 2024 confirms the importance of the finality of the conviction in the context of the European arrest warrant, emphasizing that cooperation among member states cannot be hindered by unresolved legal situations. This ruling represents a step forward towards greater harmonization of European legislations and protection of citizens' rights, highlighting the need for a legal system that promotes justice and legality.

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