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Archivio Penale ; - (2):1-31, 2021.
Article in Italian | Scopus | ID: covidwho-1237215

ABSTRACT

The Framework Decision 2002/584/JHA regarding the European Arrest Warrant (EAW) does not specifically provide the risk of a human rights' violation among the exhaustive grounds for a compulsory or optional non-execution. This lack of legislative provision has caused many doctrinal and jurisprudential doubts, and, in the last few years, the Court of Justice of the European Union has given several judgements conflicting with each other. From the 'Radu' case till the 'Dorobantu' one, there have been ongoing regulatory developments which are significantly relevant given the increasing necessity for a legislative or jurisprudential regulation regarding the execution's limits caused by the COVID-19 pandemic. © 2021 Pisa University Press. All rights reserved.

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