We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Mandatul european de arestare - art. 548 C. pr. pen.
- Abstract
Pursuant to Articles 84-112 of Law no. 302/2004 on international judicial cooperation in criminal matters, the national legislator transposes in the domestic law, the provisions of the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The European arrest warrant carries the judicial title of arrest and surrender of the requested person, either for the purpose of being subject to the criminal proceedings pending, or for executing a custodial sentence or a measure involving deprivation of liberty. The document herein aims at examining the conditions for issue of the European arrest warrant, showing the differences compared to the extradition institution, emphasizing the rule of the mandatory enforcement of an European arrest warrant which is supported by the principle of the mutual recognition of the judicial documents of a Member State of the European Union which must have direct and full enforceability on the entire territory of the Union, it points out the exceptions to this rule which are illustrated both in the existence of certain grounds for mandatory and optional refusal, as well as in the existence of certain special situations to which the law of the enforcement state may subordinate the surrender to certain guarantees. The regulation is intended to homogenize the internal practices in the matter of the European arrest warrant in the Member States by choosing to confer the superior courts in their judicial systems, regularly to the courts of appeal, the jurisdiction to order proceedings to be taken.
- Subjects
WARRANTS (Law); CRIMINAL procedure; CUSTODIAL sentences; EUROPEAN Union; JUSTICE administration; LAW enforcement; ARBITRATORS
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p336
- ISSN
1844-6450
- Publication type
Article