Analysis of Judgment No. 34525 of 2023 on the assessment of flight risk in the European Arrest Warrant

Judgment No. 34525 of May 31, 2023, issued by the Court of Cassation, offers an important reflection on the requirements for applying coercive measures under the European Arrest Warrant. In particular, the Court reiterated the importance of a concrete and current assessment of flight risk, essential for safeguarding the right to individual liberty and ensuring compliance with legal procedures.

Flight Risk and its Assessment

The ruling analyzes the need for rigorous scrutiny of the flight risk, requiring the judge overseeing precautionary measures to consider not only the general circumstances of the individual involved but also specific and verifiable elements of their life. This approach aligns with Article 9 of Law No. 69 of 2005, which governs the European Arrest Warrant. The Court clarified that the prognostic judgment must be based on objective data, not assumptions, to ensure a fair balance between the need for international cooperation and the protection of fundamental rights.

European Arrest Warrant - Coercive measures under art. 9 of Law No. 69 of 2005 - Flight risk - Judicial assessment - Verifiable prognosis - Necessity. Regarding the European Arrest Warrant, the requirements of concreteness and currency of flight risk for the application of coercive measures under art. 9 of Law No. 22 April 2005, n. 69, must be scrutinized by the judge overseeing precautionary measures, taking into account the specific characteristics and needs of the surrender procedure, aimed at the "traditio in vinculis" of the requested person, by formulating a prognostic judgment on the verifiable risk of evasion, i.e., anchored to objective concrete elements of the surrenderee's life.

Implications of the Judgment

This judgment represents a significant step in Italian jurisprudence, as it emphasizes the importance of a balance between the effectiveness of coercive measures and the respect for the rights of the accused. Among the main implications of this jurisprudential trend, the following can be highlighted:

• The necessity of concrete evidence to justify the flight risk.
• The strengthening of the protection of individual rights in the context of European judicial cooperation.
• The creation of a precedent for future similar cases, establishing a more rigorous assessment criterion.

Conclusions

In conclusion, Judgment No. 34525 of 2023 offers a valuable interpretation of the regulations on the European Arrest Warrant, highlighting the importance of an accurate assessment based on concrete elements. This approach not only strengthens the protection of fundamental rights but also contributes to more equitable and transparent international cooperation in the field of justice.