Italy – Poland

🇮🇹 Italy → 🇵🇱 Poland

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: rule of law concerns do not justify refusal of surrender absent a concrete and individual risk to fundamental rights
Summary
In matters of a European arrest warrant, the ground for refusing surrender cannot be based on the “clear risk of a breach of the rule of law” identified in the issuing State, since—so long as the European arrest warrant has not been suspended pursuant to Article 7(2) TEU in respect of that Member State—the possibility of refusing surrender must be recognised only in “exceptional circumstances”, in which the executing judicial authority, following a concrete assessment of the specific case, finds that there are serious and substantiated grounds for believing that the requested person would, after surrender, face a real risk of a violation of his or her fundamental rights. (Case concerning the risk to the rule of law identified by the European Parliament Resolution of 17 September 2020 regarding the lack of judicial independence in Poland).
17/02/2021 · Italian Supreme Court · 6633/2021
🇮🇹Italy → 🇵🇱Poland
GrantedEAW