The Court of cassation has ruled again on the matter of the refusal and the postponement of the surrender of the requested person within the framework of the European Arrest Warrant.

The judgment, in line with the case-law, reaffirms the criteria that have to be considered in the assessment of both the requirements for the refusal of the surrender, namely the residence or the habitual abode, and for the valuation of the opportunity of the postponement of the surrender.

The Supreme Court has once again missed an opportunity to deepen the issue about the possibility to extend the application of the Article 18, paragraph 1, letter r) to a Non-EU citizen residing in Italy.

Criminal Law and Process n. 12/2018