Judgment No. 19471 of 2023 and the Principle of Adversarial Proceedings in the European Arrest Warrant

Judgment No. 19471 of May 3, 2023, by the Court of Cassation, filed on May 9, 2023, represents an important milestone in Italian jurisprudence concerning the European Arrest Warrant. The main subject of the decision concerns the observance of the principle of adversarial proceedings during the procedure for extending surrender to the issuing State. This principle, fundamental to ensuring the rights of defense, has been reiterated by the Court in a context where procedural guarantees play a crucial role.

Context of the Judgment

The Court of Cassation annulled with referral the decision of the Court of Appeal of Naples, emphasizing that, in the procedure for extending surrender, the surrendered person must be guaranteed the right to object. This right must be exercised through their defense counsel in a specially scheduled chamber hearing. The absence of such a hearing results in the nullity of the procedure, as established by Article 178, paragraph 1, letter c), of the Code of Criminal Procedure.

Extension of surrender to the issuing State - Procedure - Observance of adversarial proceedings - Necessity - Failure to schedule the chamber hearing for the potential filing of an objection in the interest of the surrendered person – Consequences. In the matter of European Arrest Warrants, in accordance with the interpretation offered by the Court of Justice of the European Union of Articles 27, paragraphs 3, letter g), and 4, and 28, paragraph 3, of Framework Decision 2002/584/JHA of the Council of 26/02/2009, the principle of adversarial proceedings must necessarily be observed in the procedure for extending surrender to the issuing State, guaranteeing the surrendered person, by analogous application of Article 710, paragraph 1, of the Code of Criminal Procedure, the possibility to lodge an objection, through their defense counsel, in a chamber hearing convened for this purpose, the failure to hold which results in a nullity under Article 178, paragraph 1, letter c), of the Code of Criminal Procedure.

The Principle of Adversarial Proceedings: Fundamental to Justice

The principle of adversarial proceedings is a cornerstone of procedural law, ensuring that all parties involved are heard and can defend their rights. The Court of Cassation, referencing the interpretation of the Court of Justice of the European Union, has reiterated that adherence to this principle is indispensable even in the context of European Arrest Warrants. Below are some key aspects of this judgment:

• The right to object must be guaranteed to the surrendered person.
• A chamber hearing must be scheduled to allow for such an objection.
• Failure to hold the hearing results in the nullity of the procedure.

Conclusions

Judgment No. 19471 of 2023 represents a significant step towards more robust protection of fundamental rights within the framework of the European Arrest Warrant. It highlights the importance of ensuring that the surrendered person has the opportunity to adequately defend themselves, respecting the principle of adversarial proceedings. This ruling, therefore, not only clarifies procedural aspects but also reaffirms the value of justice and transparency in a legal system that must always guarantee the rights of all its citizens.