In matters concerning a European Arrest Warrant, for the purposes of the optional ground for refusal of surrender under Article 18-bis(2-bis) of Law No. 69/2005, the concept of stable integration within the national territory requires proof of a genuine, continuous and at least five-year residence or stay in Italy, to be assessed on the basis of the specific indicators set out by the provision, including the lawfulness of the person’s presence, its temporal continuity, the stability of professional, family and personal ties, and the fulfilment of tax and social security obligations. The Court of Appeal is required, on pain of nullity, expressly to assess such indicators. However, where the documentation produced by the defence is insufficient to establish such integration, the Court is under no obligation to carry out ex officio further investigative measures of a merely exploratory nature.

The fact that the conviction was issued following proceedings held in absentia does not constitute a ground for refusing surrender, where the person concerned deliberately rendered himself unavailable by fleeing abroad, as in the present case, and, in any event, where there exists the possibility to request a new trial or to lodge an appeal against the conviction. French law allows a person convicted in absentia, once he becomes aware of the relevant decision, to request a new trial enabling a full re-examination of the merits of the case and potentially leading to the reform of the original decision; a circumstance which is not disputed in the appeal.