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Case C-504/24, Anacco: Request for a preliminary ruling from the Corte d’appello di Roma (Italy) lodged on 19 July 2024 – Criminal proceedings against RT
ECLI:EU:UNKNOWN:62024CN0504
62024CN0504
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Official Journal of the European Union
EN
C series
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C/2024/5408
16.9.2024
(Case C-504/24, Anacco)
(C/2024/5408)
Language of the case: Italian
Referring court
Appellant
Questions referred
Must
(a)Article 6 of the Treaty on European Union, Articles 48(2) and 52(3) and (4) of the Charter of Fundamental Rights of the European Union,
(b)Article 6(3)(c) of the European Convention on Human Rights,
(c)Article 1(3) and Article 4a of Council Framework Decision 2002/584/JHA of 13 June 2002,
(d)Article 6 of Directive 2012/13/EU, and
(e)Article 3 of Directive 2013/48/EU
be interpreted, taken together, as precluding national legislation such as the Italian legislation, provided for in Articles 2, 6 and 18 ter of Legge n. 69 del 22 aprile 2005 (Law No 69 of 22 April 2005), which does not permit the Corte di appello (Court of Appeal, Italy), as the competent judicial body of the requested State, to refuse the surrender of a person to the issuing State in the execution of an EAW issued on the basis of a conviction imposing a custodial sentence delivered, in the issuing State, following a criminal trial which took place in the absence of a lawyer of choice appointed by the accused or appointed by the court of its own motion, and in any event without an actual defence, including in cases where – after the execution of the EAW – the convicted person has the right to be served the conviction and may lodge an objection or appeal against that conviction.
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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).
Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294, p. 1).
ELI: http://data.europa.eu/eli/C/2024/5408/oj
ISSN 1977-091X (electronic edition)
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