Italy – United Kingdom
🇮🇹 Italy → 🇬🇧 United Kingdom
6 cases found🇬🇧 ⇄ 🇮🇹
Bilateral Information
Applicable Treaties
UK-EU Trade and Cooperation Agreement (TCA) which came into effect on January 1, 2021.
Surrender to the United Kingdom, proportionality and the risk of a violation of fundamental rights
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Summary
Where, under the Trade and Cooperation Agreement, the need to secure the physical presence of the requested person in criminal proceedings appears, in abstract terms, compatible with the objectives of the cooperation instrument, this does not exempt the judicial authority of the executing State from carrying out the substantive assessments entrusted to it, namely compliance with the principle of proportionality. It is therefore necessary to assess the impact of surrender on the person’s family life, on the relationship with minor children and on their needs for care and protection, especially where the person is the sole parent of two very young children and there exists, in abstract terms, the possibility of securing the person’s presence by means of a video-link (excluded by the UK court not because such a tool is unavailable or prohibited under domestic law, but on discretionary grounds of expediency).
28/02/2025 · Italian Supreme Court · 8851/2025
🇮🇹Italy → 🇬🇧United Kingdom
Reversal and remandExtradition