L’obiettivo del reinserimento sociale del condannato quale limite all’esecuzione del mandato d’arresto europeo

The contribution addresses the ground for optional non-execution as outlined in Article 4, point 6, of Framework Decision 2002/584/JHA, to which the EU Court of Justice relates the objective of social reintegration of individuals subject to a European Arrest Warrant (EAW) in the Member State where they are integrated. This objective is strictly connected to the protection of fundamental rights, particularly to respect for family life. However, according to the jurisprudence of the Court of Justice, the analysis points out that while social reintegration is crucial for safeguarding the rights of the convicted persons, it has not been explicitly categorized as an interest of the individual or of the Union within the realm of judicial cooperation in criminal matters. Instead, it has been qualified as an interest linked to the protection of the right of residence of EU citizens or of residents integrated into a Member State other than their own. The article aims to evaluate whether the function of reintegrating convicted individuals can legitimately fall within the framework of fundamental rights protection, particularly as a specific expression of the right to respect for private and family life as regulated by Article 7 of the Charter of Fundamental Rights.