Italy – Malta
🇮🇹 Italy → 🇲🇹 Malta
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 partially refused for lack of double criminality and surrender conditioned on return to Italy
✕
Summary
The requested person challenged an Italian appellate decision ordering surrender to Malta under a European Arrest Warrant issued for prosecution in connection with drug-trafficking offences and breach of bail conditions. The Court held that an EAW issued for prosecution does not require the executing judicial authority to conduct a prior full review of the underlying national coercive order, but found that the Maltese offence of breach of bail conditions lacked a corresponding offence under Italian law and therefore failed the double criminality requirement. It further held that, although stable residence in Italy is not a ground for refusing a prosecution EAW, where the requested person is stably integrated in Italy the surrender must be made conditional upon their return to Italy to serve any custodial sentence or measure ultimately imposed. The judgment was therefore quashed without remand as regards surrender for the bail offence and as regards the omitted return condition, while the remainder of the appeal was dismissed.
13/08/2026 · Italian Supreme Court · 31289/2026
🇮🇹Italy → 🇲🇹Malta
Granted with conditionsEAW