Italy – France
🇮🇹 Italy → 🇫🇷 France
9 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: “issuing judicial authority” includes independent prosecutorial authorities subject to judicial review
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Summary
European Arrest Warrant (EAW): the notion of “issuing judicial authority” also includes authorities of a Member State which, although not qualifying as judicial bodies, participate in the administration of criminal justice of that State and act independently in the exercise of their functions, provided that judicial review of the decision to issue the warrant is ensured. Moreover, the Court of Justice has clarified that French public prosecutors have the power to assess independently—particularly vis-à-vis the executive—the necessity and proportionality of issuing a European Arrest Warrant, and that they exercise that power objectively, taking into account both incriminating and exculpatory evidence.
21/01/2026 · Italian Supreme Court · 2570/2026
🇮🇹Italy → 🇫🇷France
GrantedEAW