Discussions regarding the postponement of surrender in case of enforcement of the European arrest warrant Cover Image
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Discuții privind amânarea predării în cazul punerii în executare a mandatului european de arestare
Discussions regarding the postponement of surrender in case of enforcement of the European arrest warrant

Author(s): Monica Buzea
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: European warrant; person requested; postponement of surrender.

Summary/Abstract: On the occasion of enforcing the European arrest warrant, the Romanian authorities dealt with the situation in which the person requested was subject to the development of judicial proceedings in Romania, regarding other offences than those for which the request had been made. In this case, the Law 302/2004, as subsequently amended and supplemented, provides for the possibility for the court to postpone the surrender until the completion of the judgment or until the execution of the punishment, or to order the temporary surrender of the person sued, under the conditions established by an agreement concluded in writing with the issuing judicial authority.The article examines matters related to the practical application of the institution of postponement of surrender, referring to the premise situation that needs to exist and to the possible solutions a court may order.

  • Issue Year: 2011
  • Issue No: 01
  • Page Range: 227-231
  • Page Count: 5
  • Language: Romanian
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