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Case C-208/23, Martiesta: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 30 March 2023 — AX
ECLI:EU:UNKNOWN:62023CN0208
62023CN0208
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EN
Official Journal of the European Union
C 189/25
(Case C-208/23, Martiesta (*) )
(2023/C 189/33)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: AX
Questions referred
1.Must Article 1(2) and (3) of Framework Decision 2002/584/JHA on the European arrest warrant (*) be interpreted as meaning that the executing judicial authority must refuse or, in any event, defer the surrender of a pregnant woman or a mother who has minor children living with her?
2.If the answer to the first question is in the affirmative, are Article 1(2) and (3) and Articles 3 and 4 of Framework Decision 2002/584/JHA compatible with Articles 3, 7, 4, 24 and 35 of the Charter of Fundamental Rights of the European Union, taking account also the case-law of the European Court of Human Rights and the constitutional traditions common to the Member States, in so far as they require the surrender of the pregnant woman or the mother, thus severing ties with the minor children living with her without considering the ‘best interest of the child’?
(*) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
(*) Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).