The European Arrest Warrant under the Scrutiny of the Italian Constitutional Court
| Author | Costantino Grasso |
| DOI | 10.1177/203228441300400108 |
| Date | 01 March 2013 |
| Published date | 01 March 2013 |
| Subject Matter | Article |
120 Intersentia
THE EUROPEAN ARREST WARRANT
UNDERTHE SCRUTINY OF THE ITALIAN
CONSTITUTIONAL COURT
C G*
ABSTRACT
e paper illustrates how the European Arrest Warrant was enacted in Italy, and
highlights some of the contradictions arising out of its reception into Italian law. In
particular, the article focuses on i ssues relating to the compatibility of the EAW with the
Italian Constitution and analyses the decisions No. 143 of 2008 and No. 227 of 2010
through which the Italian Constitutional Court declared the par tial unconstitutionality
of EAW implementing law (Act No. 69 of 2005). In the former decision the Court
considered the rule provided by Article33 of Act No. 69 contrary to the principle of
equality enshrined by Article3 of the Italian Constitution. In the latter decision the
Court held that Article18(1)(r) of EAW implementing law con icted with the principl es
of non-discrimination and EU citizenship.
Keywords: Arrest Warrant; EAW; Equality; Italian Constitution; Italian Constitutional
Court
1. INTRODUCTION
Italy was the last European country1 to implement the Framework Decision on the
European arrest warrant (EAW).2 By 1November 2004, in fact , all Member States had
implemented th is legal instr ument except Italy, which abid ed by it only from 22April
* Research Associate, Crimina l Justice Centre, Que en Mary, University of London, a nd PhD
Candidate, Seconda Università degli Studi di Napoli. Contact : avv.costantionogra sso@gmail.
com.
1 is circumsta nce does not take into consideration the countries t hat were not members of the
European Union when t he Framework Decision was adopte d (e.g. Bulgaria and Roman ia).
2 Framework Decision on t he European Arres t Warrant and Surrender Pro cedures between Membe r
States of the Europe an Union (2002/584/JHA) [herea er EAW Framework Dec ision].
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