The principle of specialty - between functionality and literal interpretation Cover Image
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Principiul specialității – între funcționalitate și interpretare literală
The principle of specialty - between functionality and literal interpretation

Author(s): Norel Neagu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: international judicial cooperation in criminal matters; principles; specialty rule; CJEU case law; HCCJ case law;

Summary/Abstract: A recent decision pronounced in a procedure regarding the settlement of legal issues has shed new light on the application of the specialty principle and the execution of final decisions in Romania. A seemingly simple rule (prosecution, trial or execution of the sentence takes place strictly for the facts for which the requested person was handed over) was unnecessarily complicated in an at once extensive but also restrictive interpretation of the supreme court, without clarifying the issue of as subject to analysis and the way forward for the courts of enforcement. In the following I will argue that this interpretation is contrary to European Union law, but also to the judicial practice of the Court of Justice of the European Union.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 76-91
  • Page Count: 16
  • Language: Romanian