Italy – Belgium
🇮🇹 Italy → 🇧🇪 Belgium
4 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.
EAW, precautionary measures and assessment of custodial needs by the judicial authority of the requested State
✕
Summary
It is certainly not for the Italian judicial authority to verify the existence of the custodial requirements set out in Article 274 of the Italian Code of Criminal Procedure for the adoption of a “domestic” precautionary measure by the foreign judicial authority. The only relevant consideration is that the European Arrest Warrant constitutes a judicial decision issued for the purpose of conducting criminal proceedings. It is therefore clear that the challenged decision confuses two distinct levels: on the one hand, the precautionary measure issued by the requesting State; on the other, the measure to be adopted by the requested State in order to ensure the execution of the warrant through the surrender of the requested person.
01/04/2026 · Italian Supreme Court · 15027/2026
🇮🇹Italy → 🇧🇪Belgium
Reversal and remandEAW