Mandato d’arresto europeo e tutela del terzo

The essay critically analyses the legal framework concerning precautionary measures on property within the context of the European Arrest Warrant, with particular attention to the protection of third-party rights. The author highlights how the Council Framework Decision 2002/584/JHA and its Italian implementing law (Law no. 69/2005) prioritise the efficiency of surrender and the principle of mutual recognition, postponing or limiting the protection of third-party interests with respect to the needs of the criminal proceedings. With specific reference to the domestic discipline, the amendments recently introduced by Legislative Decree no. 10/2021 have heightened the efficiency-driven approach of Law no. 69/2005, eliminating the obligation to attach the underlying order upon which the cooperation request is based. This has led to a drastic, general reduction in the control exercised by the Italian judge over the reasoning and the seriousness of the accusation, while also nullifying the possibility for the third party to raise effective complaints.