Reasonable length of pre-trial detention: rigid or flexible time limits? A study on Italy from a European perspective

After nearly a decade since the adoption of Framework Decision 2002/584/JHA, the European Commission reviewed the implementation of the European Arrest Warrant (hereinafter the EAW). In spite of a more than satisfactory implementation rate, some problems have emerged, such as those related to the extended pre-trial custody of surrendered persons. It is perfectly understandable that “Member States executing EAWs may object to the use of an instrument designed for the rapid surrender of persons to face trial if those persons then risk spending months awaiting trial in a foreign prison when they could have remained in their home environment until the authorities in the issuing State were ready for trial”.

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