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- Title
46. Mandat european de arestare. Motive opționale de refuz - dubla incriminare. Infracțiunea de evadare.
- Abstract
The Romanian executing court cannot give effect to a European arrest warrant, if this is not itself a European arrest warrant within the meaning of the Framework Decision 2002/584/JHA, as it does not contain the data provided for under Article 8 para. (1) letter e of the framework-decision and it was not issued according to the form laid down in the Appendix to the Framework Decision 2002/584/JHA in its consolidated version, as a result of the Framework Decision 2009/299/JHA. The optional reason for refusal to execute the European arrest warrant provided for under Article 99 para. (2) letter i of Law no. 302/2004, as republished, shall apply in the case that the issuing judicial authority came down to only specify in section d) of the form related to the European arrest warrant that „the judgment was issued (...) in absentia since he had not been found“, and following the consultations opened by the Romanian executing court, it has not submitted any European arrest warrant issued according to the form provided for under Appendix to the Framework Decision 2002/584/JHA in its consolidated version, as a result of the Framework Decision 2009/299/JHA. The commitment to serve the custodial sentence or the measure involving deprivation of liberty, as imposed on the Member States under the provisions of Article 4 para. (6) of the Framework Decision 2002/584/JHA, is correlated to the refusal to execute a European arrest warrant for grounds of citizenship or residency of the requested person. However, such a commitment does not operate if the European arrest warrant was not issued in a legal manner and for the purpose set forth in Article 1 para. (1) of the Framework Decision 2002/584/JHA and if there is another mandatory or optional reason for refusal, other than the citizenship or residency of the requested person.
- Subjects
WARRANTS (Law); CUSTODIAL sentences; COURTS; CITIZENSHIP; LIBERTY
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p292
- ISSN
1844-6450
- Publication type
Article