Court of Justice of the European Union - GN - C 261/22

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

21/12/2023

Note – Notes:

Ruling:

The Court (Grand Chamber) hereby rules:
Article 1(2) and (3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, read in the light of Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding the executing judicial authority from refusing to surrender the person who is the subject of a European arrest warrant on the ground that that person is the mother of young children living with her, unless, first, that authority has available to it information demonstrating that there is a real risk of breach of that person’s fundamental right to respect for her private and family life enshrined in Article 7 of the Charter of Fundamental Rights and of disregard for the best interests of her children, as protected by Article 24(2) and (3) of that charter, on account of systemic or generalised deficiencies in the conditions of detention of mothers of young children and of the care of those children in the issuing Member State, and second, there are substantial grounds for believing that, in the light of their personal situation, the persons concerned will run that risk on account of those conditions.

Reference to human dignity:

Paragraphs 39, 42-48, 57

Norme penali italiane rilevanti – Relevant italian rules:

Articles 1/15 of Framework Decision 2002/584;
Articles 7/24 of the Charter of Fundamental Rights of the European Union.

Parole chiave – Keywords:

Cooperazione Internazionale - International Judicial Cooperation, Corte di Giustizia Dell’UE - EU Court Of Justice, Diritto UE- EU Law, Donne - Woman, Minori - Children