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: no mandatory refusal for lack of maximum pre-trial detention limits where issuing State (Portugal) provides statutory time limits
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Summary
In matters of the European arrest warrant, it must be excluded that the ground for refusal set out in Article 18(e) of Law No. 69 of 22 April 2005 applies—namely, the obligation to refuse surrender where the law of the issuing Member State does not provide maximum limits for pre-trial detention—in relation to a warrant issued by the judicial authority of Portugal, since its procedural system establishes defined time limits for pre-trial detention, up to the final judgment, depending on the nature of the offence and the stage of the proceedings.
17/01/2008 · Italian Supreme Court · 2971/2008
🇮🇹Italy → 🇵🇹Portugal
GrantedEAW