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Case C-636/22: Request for a preliminary ruling from the Corte d’appello di Lecce (Italy) lodged on 12 October 2022 — Criminal proceedings against PY
ECLI:EU:UNKNOWN:62022CN0636
62022CN0636
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EN
Official Journal of the European Union
C 45/5
(Case C-636/22)
(2023/C 45/09)
Language of the case: Italian
Referring court
Criminal proceedings against:
Questions referred
(a)Does Article 5(3) of Council [Framework Decision] 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, interpreted in the light of Article 1(3) of that decision and Article 7 of the Charter of Fundamental Rights of the European Union, preclude legislation, such as the Italian legislation, that — in the context of a European arrest warrant procedure for the purpose of conducting a criminal prosecution — absolutely and automatically precludes the executing judicial authorities from refusing to surrender third-country nationals staying or residing in Italian territory, irrespective of the links those individuals have with that territory?
(b)If the answer to the first question is in the affirmative, what criteria and assumptions are used to establish that such links are to be regarded as so significant as to require the executing judicial authority to refuse surrender?
Language of the case: Italian
(1) OJ 2002 L 190, p. 1.