The European Arrest Warrant Under the Scrutiny of the Italian Constitutional Court

New Journal of European Criminal Law, Vol. 4, 2013

15 Pages Posted: 11 Dec 2013 Last revised: 1 Mar 2019

See all articles by Costantino Grasso

Costantino Grasso

Manchester Metropolitan University

Date Written: April 15, 2013

Abstract

This paper illustrates how the European Arrest Warrant (EAW) was enacted in Italy, and highlights some of the contradictions arising out of its reception into Italian law. In particular, the article focuses on issues 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 partial unconstitutionality of the Italian law implementing the European Arrest Warrant (Act no. 69/2005). In the former decision, the Court considered the rule provided by Article 33 of Act no. 69 contrary to the principle of equality enshrined by Article 3 of the Italian Constitution. In the latter decision, the Court held that Article 18(1)(r) of Act no. 69/2005 contrasted with the principles of non-discrimination and EU citizenship.

Keywords: EAW, European Arrest Warrant, Constitution, Constitutional Court, Framework Decision

Suggested Citation

Grasso, Costantino, The European Arrest Warrant Under the Scrutiny of the Italian Constitutional Court (April 15, 2013). New Journal of European Criminal Law, Vol. 4, 2013, Available at SSRN: https://ssrn.com/abstract=2366022

Costantino Grasso (Contact Author)

Manchester Metropolitan University ( email )

Burslem Building, South All Saints Campus
Lower Ormond Street
Manchester, Lancashire M15 6HB
United Kingdom
07478637037 (Phone)

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