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Conversion of EAW proceedings into Extradition proceedings (for offences committed before 7 August 2002) and validation of the provisional arrest
Summary
Requests for execution concerning offences committed before 7 August 2002 are governed by the provisions in force prior to the entry into force of the law on the European Arrest Warrant. Therefore, the Court of Appeal failed, when validating the provisional arrest and issuing the custodial measure, in applying the rules governing the European Arrest Warrant, since, in the present case, the applicable framework was that relating to extradition. However, where, during the proceedings, the EAW procedure is “converted” into extradition proceedings — together with all the related procedural steps — the fact that the procedure was initially commenced under the rules governing the European Arrest Warrant, rather than under the extradition regime applicable ratione temporis, does not preclude validation of the provisional arrest carried out by the judicial police. Accordingly, once the Minister of Justice has timely requested the continuation of the coercive measure, and the proceedings have been transformed with the application of extradition law instead of the EAW framework, the original custodial measure imposed following validation of the applicant’s arrest must be regarded as entirely lawful.
11/05/2026 · Italian Supreme Court · 16913/2026
🇮🇹Italy → 🇭🇷Croatia
Decision on precautionary measureEAW