(a)

Article 6 of the Treaty on European Union, Articles 48(2) and 52(3) and (4) of the Charter of Fundamental Rights of the European Union,

(b)

Article 6(3)(c) of the European Convention on Human Rights,

(c)

Article 1(3) and Article 4a of Council Framework Decision 2002/584/JHA of 13 June 2002,

(d)

Article 6 of Directive 2012/13/EU, (2) and

(e)

Article 3 of Directive 2013/48/EU (3)

be interpreted, taken together, as precluding national legislation such as the Italian legislation, provided for in Articles 2, 6 and 18 ter of Legge n. 69 del 22 aprile 2005 (Law No 69 of 22 April 2005), which does not permit the Corte di appello (Court of Appeal, Italy), as the competent judicial body of the requested State, to refuse the surrender of a person to the issuing State in the execution of an EAW issued on the basis of a conviction imposing a custodial sentence delivered, in the issuing State, following a criminal trial which took place in the absence of a lawyer of choice appointed by the accused or appointed by the court of its own motion, and in any event without an actual defence, including in cases where – after the execution of the EAW – the convicted person has the right to be served the conviction and may lodge an objection or appeal against that conviction.