Opinion in Case C-261/22 GN: Reason for refusal based on the best interest of the child

Thursday 13th July 2023

Opinion in Case C-261/22 GN (Reason for refusal based on the best interest of the child)

(Area of Freedom, Security and Justice)

A Belgian judicial authority issued a European Arrest Warrant against a woman for the execution of a sentence of five years’ imprisonment. A few months later, she was arrested in Bologna, Italy. At the time of the arrest, her minor son lived with her, so the detention was replaced by house arrest to allow the child to be with the mother. The Court of Appeal of Bologna submitted a request for information from the Belgian judicial authority asking about the procedures for execution of a sentence in Belgium for mothers living with minor children.

Not having received a reply, it refused to surrender the woman since it was not certain that Belgian law recognised a system of custody similar to that of Italy. The Italian system protects the right of the mother not to be deprived of her relationship with her children and to ensure that her children receive the necessary maternal and family assistance.

The Italian Supreme Court of Cassation, hearing the appeals against the decision refusing the surrender, referred to the Court of Justice for the interpretation of the Europe Arrest Warrant Framework Decision. Namely, the Supreme Court of Cassation asked if it is possible to refuse or postpone the execution of an EAW if the requested person is a mother who lives with her minor children, when the surrender risks breaching the fundamental right of family life or the best interest of the child.

Background Documents C-261/22