EAW and risk of removal of a mother of a minor child: as clarified by the Court of Justice, refusal of surrender cannot be based solely on the fact that the requested person is a mother of young children living with her. The best interests of the child must be protected, but they do not automatically preclude the execution of an EAW. Nor is it necessary to raise a question of constitutionality in Italy, since the Constitutional Court has already clearly held that the fundamental rights to which the Framework Decision is subject are those recognised under European Union law and, consequently, by all Member States when implementing EU law. It follows that the judicial authorities of the executing State are precluded from refusing surrender outside the cases required or permitted by the Framework Decision, on the basis of purely national standards of protection of fundamental rights that are not shared at the European level.