Case C-261/22, GN (Ground for refusal based on the best interests of the child): Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Criminal proceedings against GN (Reference for a preliminary ruling — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(3) — Article 15(2) — Surrender procedure between Member States — Grounds for non-execution — Charter of Fundamental Rights of the European Union — Article 7 — Respect for private and family life — Article 24(2) and (3) — Taking into consideration the best interests of the child — Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents — Mother of young children living with her)
Date: 2023-12-21
Institutions: Court of Justice
Subjects: European arrest warrant, child protection, children's rights, custody, family relationship, protection of privacy








C_202401373EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1373


19.2.2024





Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Criminal proceedings against GN
(Case C-261/22, (1) GN (Ground for refusal based on the best interests of the child))
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 1(3) - Article 15(2) - Surrender procedure between Member States - Grounds for non-execution - Charter of Fundamental Rights of the European Union - Article 7 - Respect for private and family life - Article 24(2) and (3) - Taking into consideration the best interests of the child - Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents - Mother of young children living with her)
(C/2024/1373)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Party in the main proceedings

GN

Interested party: Procuratore generale presso la Corte d’appello di Bologna

Operative part of the judgment

Article 1(2) and (3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, read in the light of Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding the executing judicial authority from refusing to surrender the person who is the subject of a European arrest warrant on the ground that that person is the mother of young children living with her, unless, first, that authority has available to it information demonstrating that there is a real risk of breach of that person’s fundamental right to respect for her private and family life enshrined in Article 7 of the Charter of Fundamental Rights and of disregard for the best interests of her children, as protected by Article 24(2) and (3) of that charter, on account of systemic or generalised deficiencies in the conditions of detention of mothers of young children and of the care of those children in the issuing Member State, and second, there are substantial grounds for believing that, in the light of their personal situation, the persons concerned will run that risk on account of those conditions.


(1)  
            OJ C 276, 18.7.2022.


ELI: http://data.europa.eu/eli/C/2024/1373/oj
ISSN 1977-091X (electronic edition)