Member States (included in the project) which have refused to execute an EAW in the context of criminal proceedings involving irregular in absentia trial hearings in 202129 Austria 4 • Bulgaria 3 Italy 0 Germany 105 Lithuania X Slovenia 0 EAWs regarding offences punishable by custodial life sentence or lifetime detention order A national court may, prior to making a decision on surrender, request the from the ordering judicial authority a guarantee that the legislation of the ordering State allows for the possibility of granting a pardon to a convicted person, or a possibility of commuting an imposed sentence, either at a convicted person’s request or ex officio, within twenty years of the sentence becoming final at the latest if a warrant was issued for a criminal offence for which life imprisonment is prescribed in the issuing State.30 • EAWs concerning a national or resident of the executing Member State A national court may, prior to making a decision on surrender, request from the ordering judicial authority a guarantee that the requested person will be returned to the Republic of Slovenia after the proceedings are concluded if the warrant was issued for the purpose of conducting criminal proceedings and the requested person is a national of the Republic of Slovenia, a national of a Member State who is residing in the territory of the Republic of Slovenia, or a foreign national with a permanent residence permit in the Republic of Slovenia, and if a national court undertakes by issuing a written statement to execute the judgment of the court of the issuing State in accordance with national law.31 Procedural Safeguards under the Recommendation (2013/C 378/02) As explained above, the Recommendation is not implemented in the national legislation. Nonetheless, this section of the report is analysing Slovenian national safeguards in EAW 29 https://commission.europa.eu/system/files/202307/SWD_2023_262_1_EN_document_travail_service_part1_v2.pdf page 21. 30 Article 14(1) of the Cooperation in Criminal Matters with the Member States of the European Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23 May 2013. 31 Ibid. 12