La riforma della disciplina di recepimento del mandato d’arresto europeo: il nuovo assetto dei limiti all’esecuzione della richiesta di consegna

Abstract

The recent reform of the Italian law implementing the European Arrest Warrant has overcome previous discrepancies with Framework Decision 2002/584/JHA, thus reshaping the limits to the execution of the EAW in the Italian legal order. This contribution analyses such limits, with specific reference to the domestic judicial practice developed in the wake of the reform. In particular, the article contends that the reform marks a new phase of the Italian participation in such judicial cooperation instrument, characterised by full acceptance of the principles of mutual recognition and mutual trust. However, the analysis points at some persisting criticisms, concerning both the new wording of some provisions and the Italian Supreme Court’s approach to their interpretation.