Italy – Portugal
🇮🇹 Italy → 🇵🇹 Portugal
5 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: on the assessment of the requested person’s lawful and effective residence or domicile in Italy
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Summary
Article 18-bis, paragraph 2-bis, cited above, whose violation is alleged by the appellant, must be read in conjunction with paragraph 2 of the same provision, according to which the criteria for assessing the lawful and effective residence or domicile in Italy of the requested person concern a foreign national who “lawfully and effectively resides or is domiciled continuously for at least five years in the territory of the Italian State.” Therefore, in the case of a person who, by his own admission, has been residing in Italy for no more than one year and six months, it is indisputable that the invoked provision cannot apply.
12/12/2024 · Italian Supreme Court · 45856/2024
🇮🇹Italy → 🇵🇹Portugal
GrantedEAW