EU Judgment in Case C-700/21 O.G.: European Arrest Warrant issued for a third country national

Tuesday 6th June 2023

Judgment in Case C-700/21 O.G. (European Arrest Warrant issued for a third country national)

(Area of Freedom, Security and Justice)

On 13 February 2012, the Brașov Court of First Instance (Romania) issued a European arrest warrant (EAW) against a Moldovan national for the purpose of executing a custodial sentence. The Court of Appeal of Bologna is the judicial authority required for the surrender of the person sought because the latter resides in Italy. Although his defense has established the lasting nature of his family and professional installation in Italy, the judicial authority requested in Italy does not have the option of refusing the surrender to Romania so that the sentence may be carried out in Italy.

Indeed, according to the Italian law transposing the Framework Decision on the EAW, this option is limited to Italian nationals and to nationals of other Member States of the Union with elements of attachment to Italy, excluding third-country nationals.

Considering that this difference in treatment is unjustified, the Bologna Court of Appeal seized the Italian Constitutional Court. The latter considers that it is appropriate, before verifying the conformity of national legislation with the Italian Constitution, to examine its conformity with EU law.

The Framework Decision on EAW provides for the possibility for Member States to confer on the judge the power to refuse to execute the EAW when the requested person lives in the executing Member State, is a national of it or resides there, and that this State undertakes to carry out this penalty in accordance with its domestic law. As this provision does not limit its scope to Union citizens, the Italian Constitutional Court questioned the Court of Justice on this subject.

Background Documents C-700/21