(Case C-700/21 Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22November 2021– O.G.
Fecha: 22-Nov-2021
Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22November 2021– O.G.
(Case C-700/21)
Language of the case: Italian
Referring court
Corte costituzionale
Party to the main proceedings
O.G.
Questions referred
(a)Does Article4(6) of Council [Framework Decision] 2002/584/JHA of 13June 2002 on the European arrest warrant and the surrender procedures between Member States,1 interpreted in the light of Article1(3) of that decision and Article7 of the Charter of Fundamental Rights of the European Union, preclude legislation, such as the Italian legislation, that– in the context of a European arrest warrant procedure for the purpose of executing a custodial sentence or detention order– absolutely and automatically precludes the executing judicial authorities from refusing to surrender third-country nationals staying or residing in Italian territory, irrespective of the links those individuals have with that territory?
(b)If the answer to the first question is in the affirmative, what criteria and assumptions are used to establish that such links are to be regarded as so significant as to require the executing judicial authority to refuse surrender?