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Another “Tale of Two Courts”: the Court of Justice of the European Union on prison conditions in the context of the European Arrest War

Another “Tale of Two Courts”: the Court of Justice of the European Union on prison conditions in the context of the European Arrest War

With a judgment of 15 October 2019, the Grand Chamber of the Court of Justice of the European Union clarified the standards to be applied by the judicial authorities called to assess whether the surrender of an individual sought by a European Arrest Warrant would put him at real risk of being subjected to inhuman or degrading treatment as a result of dire prison conditions in the requesting Member State

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Le novità legislative in materia di estradizione

Le novità legislative in materia di estradizione

Poco prima della chiusura estiva dei lavori parlamentari, l'Italia ha ratificato e dato esecuzione ad una pluralità di accordi bilaterali e multilaterali in materia di estradizione e assistenza giudiziaria in materiale penale che aspettavano da tempo di essere recepiti.

The obligation to extradite or prosecute the former members of the Argentine military junta: the Carlos Luis Malatto case in Italy

The obligation to extradite or prosecute the former members of the Argentine military junta: the Carlos Luis Malatto case in Italy

A video showing a bare waist Carlos Luis Malatto (69) on the terrace of a house in inland Sicily, recently published by the Italian press, brought back the attention to his case. How can a former lieutenant of the Argentine military junta enjoy the buen ritiro in Sicily? And what can be done, in Italy, to redress the suffering of the victims?

The Appropriate Occasion Has Now Arisen: the Court of Justice of the European Union on the meaning of ‘issuing judicial authorities’ within the Framework Decision on the European Arrest Warrant

The Appropriate Occasion Has Now Arisen: the Court of Justice of the European Union on the meaning of ‘issuing judicial authorities’ within the Framework Decision on the European Arrest Warrant

With a judgment of 27 May 2019, in joint cases C-508/18 and C-82/19 PPU, the Court of Justice of the European Union held that German prosecutors lack the required independence to issue valid European Arrest Warrants under the Framework Decision. But what are the consequences for the other Member States?