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EAW and optional nature of the so-called “repatriation clause”
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Summary
In the context of a procedural European Arrest Warrant, a judge who does not consider it appropriate to make the execution thereof conditional upon the guarantee that the person to be surrendered, following the conclusion of the proceedings, be returned to Italy to serve any custodial sentence or security measure that may be imposed by the issuing State, is required to provide specific reasoning for such a decision, with regard to the social rehabilitation needs of the convicted person, setting out the elements taken into consideration and the relevant assessment criteria.
29/01/2026 ยท Italian Supreme Court ยท 3952/2026
๐ฎ๐นItaly โ ๐ญ๐ทCroatia
Reversal and remandEAWCountry Contributor
Aleksandra Horvat
Aleksandra Horvat Law Office
Aleksandra Horvat is a Croatian criminal defence lawyer with extensive experience in criminal law, European criminal law and cross-border criminal matters.
She graduated from the Faculty of Law of the University of Rijeka in 2007 and passed the Croatian Bar Exam in 2010. She is currently attending postgraduate studies in criminal law sciences at the Faculty of Law of the University of Zagreb, where she has completed all examinations and is preparing her masterโs thesis.
In 2012, she started her independent legal practice by opening her own law office. From 2015 to 2023, she was a founder and partner of the law firm Grahovac, Horvat, ลฝaper d.o.o. On 6 December 2023, she established the Law Office of Aleksandra Horvat. Since May 2024, she has also been a permanent associate of the law firm Gajski, Grliฤ, Prka and Partners d.o.o.
Her professional work is focused on criminal defence, with a particular interest in European criminal law, international cooperation in criminal matters and proceedings involving cross-border elements, including extradition and European Arrest Warrant cases.
She has participated in numerous domestic and international conferences, seminars and training programmes in the fields of criminal law and European criminal law. She speaks English fluently and is further developing her professional knowledge of German and Italian.
Aleksandra Horvat is a member of the Croatian Bar Association and the Croatian Association for Criminal Sciences and Practice. She is also a member of the International Association of Penal Law (AIDP/IAPL), the European Criminal Bar Association (ECBA), and European Fraud and Compliance Lawyers (EFCL).
She graduated from the Faculty of Law of the University of Rijeka in 2007 and passed the Croatian Bar Exam in 2010. She is currently attending postgraduate studies in criminal law sciences at the Faculty of Law of the University of Zagreb, where she has completed all examinations and is preparing her masterโs thesis.
In 2012, she started her independent legal practice by opening her own law office. From 2015 to 2023, she was a founder and partner of the law firm Grahovac, Horvat, ลฝaper d.o.o. On 6 December 2023, she established the Law Office of Aleksandra Horvat. Since May 2024, she has also been a permanent associate of the law firm Gajski, Grliฤ, Prka and Partners d.o.o.
Her professional work is focused on criminal defence, with a particular interest in European criminal law, international cooperation in criminal matters and proceedings involving cross-border elements, including extradition and European Arrest Warrant cases.
She has participated in numerous domestic and international conferences, seminars and training programmes in the fields of criminal law and European criminal law. She speaks English fluently and is further developing her professional knowledge of German and Italian.
Aleksandra Horvat is a member of the Croatian Bar Association and the Croatian Association for Criminal Sciences and Practice. She is also a member of the International Association of Penal Law (AIDP/IAPL), the European Criminal Bar Association (ECBA), and European Fraud and Compliance Lawyers (EFCL).
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