Italy – Romania
🇮🇹 Italy → 🇷🇴 Romania
28 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.
Surrender to Romania granted: five-year residence requirement remains a prerequisite for social rehabilitation refusal ground
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Summary
The case concerned a European Arrest Warrant issued by the Romanian judicial authorities for the execution of a six-year prison sentence imposed for continuing theft offences committed in Romania between August 2018 and June 2022. The Court of Appeal of Milan ordered surrender. The requested person challenged the decision, arguing that surrender should have been refused under Article 18-bis of Law No. 69/2005 because of his residence and social integration in Italy, and that the Italian court had failed to verify the risk of inhuman or degrading treatment in Romanian prisons. The Italian Supreme Court rejected the appeal. It held that, for the social rehabilitation refusal ground in execution EAW cases, the five-year lawful and effective residence or stay requirement remains a necessary prerequisite. The 2023 reform broadened the category of persons who may invoke the refusal ground, extending it beyond Italian and EU citizens, but did not remove the minimum five-year residence requirement. Only once that temporal requirement is established must the court assess the further indicators of integration listed in Article 18-bis, including family, work, linguistic, cultural, social and economic ties. In the present case, the Court of Appeal had found no proof of stable residence in Italy for at least five years; the documents showed, at most, residence from 2023, while the commission of offences in Romania between 2018 and 2022 pointed against stable integration in Italy. As to detention conditions, the Court held that the defence had submitted only generic allegations and had not identified any specific, current and reliable source showing a concrete risk in Romanian prisons. In the absence of such material, the executing court was not required to seek supplementary information. The appeal was therefore dismissed and the surrender order upheld.
17/06/2026 · Italian Supreme Court · 22624/2026
🇮🇹Italy → 🇷🇴Romania
GrantedEAW