Commentary on Judgment No. 15635 of 2023: European Arrest Warrant and the Principle of Specialty

Judgment No. 15635 of 2023 by the Court of Cassation represents an important milestone in the legal proceedings concerning the European Arrest Warrant. In particular, the Court has established that the principle of specialty, provided for by Articles 26 and 32 of Law of April 22, 2005, No. 69, does not apply to confiscation procedures. This legal clarification warrants in-depth analysis, as it has significant repercussions on jurisdictional relations between European Union Member States.

The Principle of Specialty and its Application

The principle of specialty, generally speaking, ensures that a person arrested under a European Arrest Warrant can only be prosecuted for the offenses for which extradition was requested. However, with the judgment under review, the Court has established that this principle does not apply to confiscation, thus allowing, under certain circumstances, assets to be confiscated independently of the regulations on arrest warrants.

European Arrest Warrant - Principle of Specialty - Confiscation - Applicability - Exclusion. Regarding the European Arrest Warrant, the principle of specialty enshrined in Articles 26 and 32 of Law of April 22, 2005, No. 69, does not apply to confiscation.

This passage is crucial as it highlights the distinction between criminal prosecution and asset confiscation, suggesting that authorities can act to protect the economic interests of the requesting State without incurring the limitations of the principle of specialty.

Implications for European Jurisprudence

The decision of the Court of Cassation is in line with previous case law, such as Judgment No. 35768 of 2013, which has already dealt with similar issues. Indeed, the Court has reiterated the importance of ensuring the effectiveness of confiscation measures, particularly in the context of European judicial cooperation. Below are some key considerations:

• Confiscation can occur even in the absence of an arrest warrant for specific offenses.
• The principle of specialty must not hinder the action to recover illicitly acquired assets.
• This interpretation favors greater cooperation between Member States, ensuring that confiscation regulations are applied more smoothly.

Conclusions

In conclusion, Judgment No. 15635 of 2023 marks an important step in defining the limits and opportunities offered by the European Arrest Warrant. The decision to exclude the application of the principle of specialty in matters of confiscation not only clarifies the legal position in a European context but also paves the way for more effective action against transnational crime. Legal professionals and judicial authorities will need to take this important ruling into account in their daily work, to ensure increasingly integrated and collaborative justice.