Opinion of the Advocate General — ECLI:EU:C:2023:582
Date: 2023-07-13
Language of the case: Italian
Subject matter: Judicial cooperation in criminal matters;Area of freedom, security and justice;Judicial cooperation in civil matters;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 19 April 2022 – Criminal proceedings against GN (Case C-261/22) Language of the case: Italian Referring court Corte suprema di cassazione Parties to the main proceedings Procuratore generale presso la Corte di appello di Bologna; GN Questions referred Must Article 1(2) and (3) and Articles 3 and 4 of Framework Decision 2002/584/JHA 1 be interpreted as meaning that they do not permit the executing judicial authority to refuse or in any case defer the surrender of a mother who has minor children living with her? 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 7 and 24(3) of the Charter of Fundamental Rights of the European Union, also considering the case-law of the European Court of Human Rights in relation to Article 8 of the [Convention for the Protection of Human Rights and Fundamental Freedoms] and the constitutional traditions common to the Member States, in so far as they require the surrender of the mother, thus severing ties with minor children living with her without considering the best interest of the child? ____________ 1 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).