Commentary on Judgment No. 47700 of 30/12/2024: European Arrest Warrant and Extradition Procedure

Judgment No. 47700 of December 30, 2024, issued by the Court of Appeal of Brescia, represents an important clarification regarding extradition procedures linked to the European Arrest Warrant. In particular, the Court ruled on the request for consent to the subsequent extradition of a person already surrendered, pursuant to art. 31-bis of Law No. 69 of 2005. This article is crucial for understanding the modalities by which Member States of the European Union can cooperate in criminal matters.

The Request for Extradition Consent

According to the judgment, the request from the judicial authority of the issuing Member State for the executing Member State to grant consent for extradition to a third country must follow specific procedures. In particular, the Court referred to art. 39 of Law No. 69 of 2005, which establishes that such a request is governed by the extradition procedures provided for in art. 710 and 711 of the Italian Code of Criminal Procedure.

• Art. 710: Regulates the procedure for active extradition.
• Art. 711: Concerns guarantees for passive extradition.

This distinction is fundamental, as it determines the modalities by which authorities must interact and collaborate, while also guaranteeing the fundamental rights of the individual involved.

Implications of the Judgment

The judgment in question highlights the importance of cooperation between Member States within the European Union, especially in matters of criminal justice. The Court of Appeal of Brescia reiterated that the request for extradition consent should not be seen as an obstacle, but as a necessary step to ensure legality and public order, even beyond national borders.

European arrest warrant - Request for consent to the subsequent extradition of the surrendered person to a third country ex art. 31-bis Law No. 69 of 2005 - Applicable procedure - Indication. In the matter of a European arrest warrant, the request from the judicial authority of the issuing Member State for the executing Member State to grant the consent, provided for by art. 31-bis of Law of April 22, 2005, No. 69, for the surrendered person to be extradited to a third country, is governed, based on the provisions of art. 39 of the same law, by the procedure laid down for extradition in art. 710 and 711 of the Code of Criminal Procedure.

Conclusions

In conclusion, judgment No. 47700 of December 30, 2024, represents a significant step towards more effective coordination of criminal justice policies among European Union Member States. The importance of following the procedures established by Italian law, in conjunction with European provisions, ensures the protection of the rights of the individuals involved and promotes a fairer and more transparent justice system.