The Implementation of EAW in the Member States Italian Report

Ciro Grandi 

Dipartimento di Giurisprudenza

Francesco Morelli 

affiliation not provided to SSRN
February 20, 2006

European Arrest Warrant Project (JAI/2004/AGIS/043) 
Abstract:      
The Authors analyse the implementation in the Italian legal system of the EU Framework Decision of 13th June 2002 (2002/584/JHA), that repealed the extradition system between EU-Member States and introduced a new institution, the European Arrest Warrant, with the aim to facilitate and fasten the surrender of individuals accused of or convicted for a criminal offence. The paper, conceived in the framework of the European Arrest Warrant Project, an international research project coordinated by the T.M.C. ASSER INSTITUUT of the Hague and financed by EU Commission, first explores the impact of the new institution on the fundamental principles of Italian criminal law and procedure as they are laid down in the Constitution, with special reference to the fundamental rights of individuals. Moreover, the Authors focus on the different rules disciplining the procedure to be followed by Italian judicial authorities in order to issue an arrest warrant and in order to give execution to an arrest warrant issued by the judicial authorities of another EU Member State.

Number of Pages in PDF File: 69

Keywords: European Arrest Warrant, Extradition, Judicial Cooperation in Criminal Matters

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2168824