Aut dedere aut iudicare, sed iudicare in Europa melius est: il caso Pisciotti e il rapporto tra il mandato d’arresto europeo e gli accordi di estradizione con Stati terzi
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[1] University of Turin
University of Turin
Torino, Italia
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- Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2018, págs. 583-595
- Idioma: italiano
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Resumen
In Pisciotti, the Court of Justice of the European Union held that when a Union citizen who has been the subject of a request for extradition to a third country has been arrested in a Member State other than the Member State of which he is a national, the exchange of information with the Member State of which the person concerned is a national must be given priority in order to afford the authorities of that Member State the opportunity to issue a European Arrest Warrant for the purposes of prosecution. As this is something the Court had already held in Petruhhin, the purpose of this note is to provide reasons to believe that the European Arrest Warrant is preferred because of mutual trust and the standards of protection of fundamental rights that are guaranteed in the EU. As a consequence, third countries will have to comply with those standards if they want to obtain the extradition of a Union citizen.
