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Spain / Constitutional Court / 26/2014

Stefano Melloni

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Spain / Constitutional Court (Plenary)
Decision date:

Key facts of the case:

The judgment was the response to an appeal for constitutional rights’ protection (recurso de amparo), filed by Stefano Melloni, against an order of the Spanish High Court (Audiencia Nacional) which had agreed to implement a European arrest warrant requested by the Italian authorities in order to execute a custodial sentence on the claimant, author of a fraudulent bankruptcy. The claimant was sentenced in absentia by Italy and the surrender by Spain was not made conditional on the possible revision of the sentence. Consequently, the appeal aimed at requesting protection against the violation of the right to effective legal protection, the right to a due process and the rights of defence.