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2 cases foundEAW and optional nature of the so-called “repatriation clause”
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Summary
In the context of a procedural European Arrest Warrant, a judge who does not consider it appropriate to make the execution thereof conditional upon the guarantee that the person to be surrendered, following the conclusion of the proceedings, be returned to Italy to serve any custodial sentence or security measure that may be imposed by the issuing State, is required to provide specific reasoning for such a decision, with regard to the social rehabilitation needs of the convicted person, setting out the elements taken into consideration and the relevant assessment criteria.
29/01/2026 · Italian Supreme Court · 3952/2026
🇮🇹Italy → 🇭🇷Croatia
Reversal and remandEAWEAW and failure to assess allegations on detention conditions
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Summary
A decision granting extradition must be quashed with remittal where it has failed to consider the documentation produced concerning the current detention conditions in the prison facilities of the requesting state. Case in which the court of appeal did not examine documents describing the living conditions currently existing in croatian penitentiary institutions.
19/02/2016 · Italian Supreme Court · 9897/2016
🇮🇹Italy → 🇭🇷Croatia
Reversal and remandEAW