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Document 62021CN0700
Case C-700/21: Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22 November 2021 — O.G.
Case C-700/21: Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22 November 2021 — O.G.
Case C-700/21: Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22 November 2021 — O.G.
OJ C 73, 14.2.2022, p. 14–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 73, 14.2.2022, p. 6–6
(GA)
- Date of document:
- 22/11/2021
- Date lodged:
- 22/11/2021
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- Italian
- Type of procedure:
- Reference for a preliminary ruling
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Submits a preliminary question about 12016P007
- Submits a preliminary question about 32002F0584 article 1 paragraph 3
- Submits a preliminary question about 32002F0584 article 4 paragraph 6
- Link
- EUROVOC descriptor:
|
14.2.2022 |
EN |
Official Journal of the European Union |
C 73/14 |
Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 22 November 2021 — O.G.
(Case C-700/21)
(2022/C 73/19)
Language of the case: Italian
Referring court
Corte costituzionale
Party to the main proceedings
O.G.
Questions referred
|
(a) |
Does Article 4(6) of Council [Framework Decision] 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, (1) interpreted in the light of Article 1(3) of that decision and Article 7 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? |
