Type: Judgment

Authority: National Courts Constitutional Court (Italy)

Date: 11/18/2021

Subject: The order of the Constitutional Court, of preliminary referral on the European arrest warrant, asks if article 1, paragraph 3, of the Framework Decision 2002/584/JHA on the European arrest warrant, read in the light of articles 3, 4 and 35 of the European Union Charter of Fundamental Rights (ECFR), must be interpreted in the sense that the judicial authority of the execution, in case the surrender of a person suffering from serious chronic and potentially irreversible illness may cause a serious damage to his or her health, must ask the judicial authority, which issued the measure, the necessary information to exclude such risk, and it must deny the surrender until it obtains assurance in such sense within a reasonable time

Original language: Italian

Classification: Dignity - Art. 3 Physical and mental integrity - Art. 4 Inhuman treatments - Degrading treatments - Solidarity - Art. 35 Preventive health care

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