Staatsanwaltschaft Aachen, ovvero la tutela dei diritti fondamentali sulla base del test LM nelle procedure di trasferimento interstatale di detenuti

In the judgment handed down on 9 November 2023 by the Court of Justice in Staatsanwaltschaft Aachen, the Court has acknowledged that the two-step test aimed at protecting fundamental rights, which was developed in relation to the European Arrest Warrant in Aranyosi and Căldăraru and confirmed by subsequent judgments – in particular, LM – also applies in the context of Framework Decision 2008/909/JHA on the transfer of sentenced persons. The Insight comments on the stance taken by the Court. It focuses on the applicability of the test also in connection with other instruments of judicial cooperation in criminal matters, the possibility of a conflict between the protection of fundamental rights and the function of social rehabilitation pursued through the transfer of sentenced persons, and which aspects the executing judicial authority should focus its analysis on when applying the test