Italy – Austria
🇮🇹 Italy → 🇦🇹 Austria
8 cases found🇦🇹 ⇄ 🇮🇹
Bilateral Information
Applicable Treaties
European Arrest Warrant - Law no. 69/2005 - Provisions to bring domestic law into conformity with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Additional information is required only where reliable evidence discloses a serious risk of inhuman or degrading detention
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Summary
Austria sought the requested person’s surrender under an execution EAW to enforce the remainder of a two-year custodial sentence for attempted aggravated bodily harm. The Italian Supreme Court held that the executing judicial authority must request individualised information from the issuing State only where objective, reliable, precise and current evidence indicates a serious risk of treatment contrary to Article 4 of the EU Charter or Article 3 ECHR. The material submitted by the defence concerned general staffing deficiencies and a police detention centre used for persons awaiting removal, rather than the prison in which the requested person would serve the sentence, while the latest CPT report did not identify general conditions amounting to inhuman or degrading treatment within the Austrian prison system. The Court therefore found that no further information from the Austrian authorities was required, declared the appeal inadmissible and upheld surrender.
15/07/2026 · Italian Supreme Court · 26709/2026
🇮🇹Italy → 🇦🇹Austria
GrantedEAW