Refusal to enforce the European arrest warrant in the light of the Judgment of the Court of Justice of the European Union (Second Chamber) of 1 June 2016, Case C-241/1 Cover Image
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Refuzul punerii în executare a mandatului european de arestare din perspectiva Hotărârii Curţii de Justiţie a Uniunii Europene (Camera a doua) din 1 iunie 2016, Cauza C-241/15
Refusal to enforce the European arrest warrant in the light of the Judgment of the Court of Justice of the European Union (Second Chamber) of 1 June 2016, Case C-241/1

Author(s): Leontin Coraș
Subject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: Article 8 (1) (c) of the Council Framework Decision 2002/584/JHA of 13 June 2002; refusal to execute the European arrest warrant; national arrest warrant separate from the European arrest warrant;

Summary/Abstract: The article presents the interpretation established by the Court of Justice of the European Union of Article 8 (1) (c) of the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, according to which the notion „arrest warrant”, as set out in this provision, is to be understood as designating a national arrest warrant distinct from the European arrest warrant.From another perspective, there are analyzed the consequences of the Decision in the Case C-241/15 and the effects on the procedure for enforcing the European arrest warrant of the requested person issued by a judicial authority from a Member State of the European Union.

  • Issue Year: 2021
  • Issue No: 06
  • Page Range: 140-146
  • Page Count: 7
  • Language: Romanian
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