Case Law 35001/07 (13/09/2007)
Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione
Subject: The decision concerns the individuation of the competent judge for the review of arrest carried out according to a European Arrest Warrant and for the application of a coercive interim measure. The Court specifies that the functional competence of the Court of Appeal’s President, according to art. 13, par. 2 of the law 69/2005, “…must not and cannot be intended as exclusive (with regard to a person who was arrested by the judiciary police for a community consignment) or…as one that cannot be derogated”; therefore the Court states that if the two decisions are taken by a panel of the Court of Appeal, the provision of art. 13 is not violated.
Parties: F. A. R.
Original language: Italian
Classification: General theme