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Case Law Order 217/2021 (18/11/2021)

Type: ORDER

Authority: National Courts Constitutional Court (Italy)

Date: 11/18/2021

Subject: The order of the Constitutional Court, of preliminary referral in a case of European arrest warrant, in which the court asks if article 4, point 6, of Directive 2002/584/JHA, interpreted in the light of article 1, paragraph 3, of the same Framework Decision and of article 7 of the European Charter of Fundamental Rights (ECFR), precludes a legislation, such as the Italian one, which – within a European arrest warrant aiming at the execution of a penalty or of a custodial sentence – totally and automatically precludes the judicial authorities of the execution from denying the surrender of third country nationals who dwell or reside on its territory, despite the ties they have with it

Original language: Italian

Classification: Freedoms - Art. 7 Privacy

Text download Italian