Judgment No. 37438 of 2024: Reflections on the European Arrest Warrant

Judgment No. 37438 of October 9, 2024, issued by the Court of Cassation, represents an important ruling concerning the European Arrest Warrant and the conditions for its execution in Italy. In particular, emphasis is placed on the issue of the finality of the conviction and the related possibilities of refusing the surrender of an Italian citizen convicted by a foreign judicial authority.

The Regulatory Framework of the European Arrest Warrant

The European Arrest Warrant is a legal instrument introduced by the European Union to facilitate judicial cooperation among member states. The Italian law governing this aspect is Law of April 22, 2005, No. 69, particularly Article 18-bis, which establishes the grounds for refusal of the warrant's execution. The judgment in question clarifies that, in the case of an enforceable but not yet final conviction, the refusal provided for by this rule cannot be invoked.

• The European Arrest Warrant facilitates the surrender of a convicted citizen between member states.
• Refusal of surrender is possible only under specific conditions.
• The finality of the conviction is an essential requirement for the possibility of refusal.

Analysis of the Judgment and Its Implications

In this case, the Court ruled that the request for the surrender of an Italian citizen, based on an enforceable but not final judgment issued by a French judicial authority, cannot be refused. This is because the execution of the sentence in Italy, according to domestic law, presupposes the finality of the judgment. The interpretation provided by the Court reflects an already established case law trend, aimed at ensuring cooperation between European judicial authorities.

European Arrest Warrant - Surrender for abroad - Enforceable but not final conviction - Optional ground for refusal for execution in Italy of the sentence - Invokability - Exclusion - Reasons - Case facts. In the context of the European Arrest Warrant, the optional ground for refusal provided for by Article 18-bis, paragraph 2, of Law of April 22, 2005, No. 69, cannot be invoked when the request for the surrender of a citizen or a person habitually resident in national territory is based on an enforceable, but not yet final, judgment, as the execution of the sentence in Italy in accordance with its domestic law, which legitimizes the aforementioned right to refuse, presupposes, pursuant to Article 2 of Legislative Decree of September 7, 2010, No. 161, the finality of the judgment. (Case concerning an enforceable conviction issued by the French judicial authority against an Italian citizen, against which an appeal to the Court of Cassation was pending).

Conclusions

Judgment No. 37438 of 2024 confirms the importance of the finality of the conviction in the context of the European Arrest Warrant, emphasizing that cooperation between member states cannot be hindered by unresolved legal situations. This ruling represents a step forward towards greater harmonization of European legislation and the protection of citizens' rights, highlighting the need for a legal system that promotes justice and legality.