Commentary on Judgment No. 34816 of 2023: Health Risks and the European Arrest Warrant
The recent Judgment No. 34816 of 2023 by the Court of Cassation has raised important issues regarding the management of European Arrest Warrants (EAWs) in relation to the risk of deterioration of the health of the individuals involved. This decision is part of a complex legal framework where the protection of human rights and cooperation between Member States play a crucial role.
Health Risks and the European Arrest Warrant
The Court of Cassation has established that, in cases where there is a significant and irreversible risk to the health of the person subject to an EAW, the executing State's authority has the power to suspend surrender. This is provided for by Articles 18 and 18-bis of Law No. 69 of April 22, 2005, which also apply in accordance with Article 23, paragraph 4, of Framework Decision 2002/584/JHA.
- Risk of rapid deterioration of health;
- Significant reduction in life expectancy;
- Lack of adequate treatment in the issuing country.
These elements must be carefully assessed to ensure that the fundamental rights of the surrendered person are respected. The Court has emphasized the importance of obtaining assurances from the issuing judicial authority regarding the medical treatments that will be provided in a prison setting.
Interactions with the Issuing Authority
EAW - Surrender to a foreign country - Risk of rapid, significant, and irreversible deterioration of the health of the person to be surrendered - Suspension of surrender - Conditions - Consequences - Interactions with the issuing authority - Outcome - Refusal - Possibility. In the context of a European Arrest Warrant for surrender to a foreign country, if there is a risk for the person to be surrendered of rapid, significant, and irreversible deterioration of their health, or a significant reduction in their life expectancy, or a danger to their life, also considering the lack of adequate treatment for their pathological conditions in the issuing State, the authority of the executing State, pursuant to Articles 18 and 18-bis of Law No. 69 of April 22, 2005, interpreted in accordance with Article 23, paragraph 4, of Framework Decision 2002/584/JHA, may suspend the surrender of the requested person in order to obtain assurances from the issuing judicial authority regarding the treatments that will be administered in a prison setting; following such interactions, it may proceed with the surrender request or, in the residual scenario where a solution that avoids serious risks to the health of the wanted person cannot be found, issue a final decision of refusal (see Constitutional Court Judgment No. 173 of 2023).
This passage highlights the importance of interactions between the competent authorities, which must occur transparently and promptly to ensure the standards of health protection that every individual deserves, regardless of their legal situation.
Conclusions
Judgment No. 34816 of 2023 represents a significant step towards safeguarding human rights in the context of European Arrest Warrants. It requires Member States to consider not only legal aspects but also the humanitarian implications related to the health of the individuals involved. Authorities must act with caution, balancing the needs of justice with respect for human dignity.
