Italy – Austria
๐ฎ๐น Italy โ ๐ฆ๐น Austria
8 cases found๐ฆ๐น โ ๐ฎ๐น
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.
EAW precautionary measures: flight risk requires effective judicial assessment and the absence of concrete indicators leads the order to be quashed without remittal
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Summary
As regards precautionary needs in European Arrest Warrant proceedings, the requirements of concreteness and actuality of the risk of flight for the application of coercive measures must be assessed by the judge in light of the specific characteristics and purposes of the surrender procedure, which is aimed at the traditio in vinculis of the requested person, by carrying out a prognostic assessment of the risk that the person may abscond. In the present case, no reasoning was provided as to the need to apply the precautionary measure. The challenged order merely stated, as the basis for the measure, the need to ensure the surrender of the appellant, without referring to any objective and concrete elements capable of supporting a precautionary prognosis, which in fact was not even formulated. Accordingly, in the complete absence of any indication in this regard, the contested order must be annulled without referral, with a declaration that the precautionary measures applied to the appellant have lost their effect.
10/06/2026 ยท Italian Supreme Court ยท 25552/2026
๐ฎ๐นItaly โ ๐ฆ๐นAustria
Decision on precautionary measureEAW