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Fulfillment of the Conditions of Law no. 302/2004 on the European Arrest Warrant

Author

Listed:
  • Denisa Barbu

    (Lecturer PhD, Faculty of Law and Administrative Sciences, Valahia University of Targoviste, Romania)

  • Nicolae Silviu Pană

    (Bachelor's degree from the University of Bucharest, Faculty of Law, master's degree from Nicolae Titulescu University, specialization in Business Law, lawyer in the Dambovita Bar)

Abstract

In the Romanian and European doctrine, taking into account the definition given by the European legislator in the normative act itself, the Framework “Decision no. 2002/584/JHA, the European arrest warrant was defined in a similar manner as the legislator did”. Thus, one jurisprudential decision states that: “from a legal point of view, the European arrest warrant is defined as a court decision issued by the competent judicial authority of an EU Member State, in order for another state to arrest and hand over a person who is wanted in order to stand for prosecution, trial or the execution of a custodial sentence or a security measure” (European Court of Justice, 2016).

Suggested Citation

  • Denisa Barbu & Nicolae Silviu Pană, 2021. "Fulfillment of the Conditions of Law no. 302/2004 on the European Arrest Warrant," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 9(1), pages 33-41, December.
    • Handle: RePEc:lum:rev13d:v:ix:y:2021:i:1:p:33-41
    DOI: https://doi.org/10.18662/lumenlaw/9.1/54
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    More about this item

    Keywords

    European arrest warrant; handing over of prisoners; requested person; pre-trial detention; conditions;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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