Italy – United Kingdom
๐ฎ๐น Italy โ ๐ฌ๐ง United Kingdom
6 cases found๐ฌ๐ง โ ๐ฎ๐น
Bilateral Information
Applicable Treaties
UK-EU Trade and Cooperation Agreement (TCA) which came into effect on January 1, 2021.
Agreement between the European Union and the United Kingdom and return condition required for italian citizens
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Summary
In the matter of a prosecution arrest warrant issued by the United Kingdom on the basis of the Partnership Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland of 24 December 2020, the optional nature of the condition of return to Italy in order to serve there the sentence eventually imposed, provided for under Article 604, letter b), of the aforementioned Agreement, results in a regime for Italian citizens that is less favourable than that laid down, for the analogous system of surrender under the European arrest warrant, by Article 19, paragraph 1, letter b), of Law No. 69 of 22 April 2005, as amended by Article 17, paragraph 1, of Legislative Decree No. 10 of 2 February 2021; therefore, in the absence of an express different request by the person concerned, the surrender is mandatorily subject to the guarantee of return and the relevant condition, where not contained in the challenged judgment, must be imposed by the Court of Cassation also โex officio.โ
12/12/2022 ยท Italian Supreme Court ยท 47704/2022
๐ฎ๐นItaly โ ๐ฌ๐งUnited Kingdom
GrantedExtradition