Opinion in Case C-699/21 E.D.L.: European Arrest Warrant

Thursday 1st December 2022

Opinion in Case C-699/21 E.D.L. (Reason for refusal based on illness)

(European Arrest Warrant)

Faced with the possible unconstitutionality of certain provisions of a law which transposed Framework Decision 2002/584/JHA into Italian law and which could be contrary to the right to health guaranteed by the Italian Constitution, the Corte costituzionale (Constitutional Court, Italy) refers to the Court of Justice for an interpretation of that Framework Decision.

On 9 September 2019, the Općinski sud u Zadru (Zadar Municipal Court, Croatia)

issued an EAW for criminal proceedings against E. D. L., charged with one count of possession of narcotic substances for sale and distribution, committed on Croatian territory in 2014.

E.D.L.’s lawyers submitted to the Corte d’appello di Milano (Court of Appeal, Milan, Italy) medical documents attesting to the existence of psychiatric disorders linked to his past abuse of narcotic substances. An expert examination revealed that E. D. L. suffers from a psychotic disorder in need of therapy and that there is a serious risk of suicide linked to his possible imprisonment.

On the basis of this expertise, the Corte d’appello di Milano (Milan Court of Appeal) considered that the transfer of E. D. L. to Croatia, in execution of the ODE, would interrupt his chances of following treatment, with the consequent worsening of his general condition and a certain risk to his health.

However, the same court pointed out that the only limits to the obligation to carry out an EAW are the grounds for refusal set out exhaustively in Articles 18 and 18 bis of Law No. 69 of 2005, which do not include the avoidance of infringements of the fundamental rights of the person concerned, such as the right to health. It therefore suspended the proceedings and referred a question of constitutionality to the Corte costituzionale (Constitutional Court).

Background Documents C-699/21