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Case Law 4614/2007 (30/01/2007)

Type: Other

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione - Sezione VI Penale

Date: 01/30/2007

Subject: The problem of how art. 18 (e) of law no. 69/2005, which incorporated the framework decision on the European arrest warrant into Italian law, is to be interpreted has been resolved by the judgment of the Sezioni Unite (Joint Divisions) favouring an interpretation of the provision "that best fits both the indications found in the Council Framework decision 2002/584/JHA of 13 June 2002 and the political, institutional and cultural premises of this decision and of the Italian law enacting it". The Court notes that said interpretation complies with the principles of law of the European Union stated in the preamble of the framework decision itself as well as the principles in arts. 47-50 of the Nice Charter, and the case-law of the European Court of Human Rights. .

Parties: Ramoci

Original language: Italian

Classification: Art. 47 Justice: remedy - Justice: effective - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence

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Notices: The Court cites chapter VI of the Nice Charter, art. 6 of the European Treaty of the Union, the European Convention of Human Rights and the case-law of the European Court of Human Rights