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Theory and Legal Practice Concerning the Executing of a European Arrest Warrant in Romania

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  • Mihaela Laura PAMFIL

    (Associate Professor Ph.D. Faculty of Law, University of „Petre Andrei” from Iaşi, Prosecutor at Prosecutor's Office of Deta Court,)

Abstract

The aim of this paper is to highlight the procedure regulated for the execution of a European arrest warrant in Romania and the way of applying this procedure in the legal practice. The European arrest warrant is designed to replace the current extradition system by requiring each national judicial authority (the executing judicial authority) to recognise, ipso facto, and with a minimum of formalities, requests for the surrender of a person made by the judicial authority of another Member State (the issuing judicial authority). The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest or surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution, executing a custodial sentence or executing a detention order. In Romania, the European arrest warrant was regulated for the first time in 2004 by 302nd Law. Two years later, the law was modified by 244th Law in order to transpose the disposals of Decision 2002/584/JHA. The latest legislative changes concerning the judicial cooperation and the European arrest warrant occurred in May 2011.

Suggested Citation

  • Mihaela Laura PAMFIL, 2012. "Theory and Legal Practice Concerning the Executing of a European Arrest Warrant in Romania," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(2), pages 211-233, July.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i:2:p:211-233
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    Keywords

    European arrest warrant; judicial cooperation; executing judicial authority;
    All these keywords.

    JEL classification:

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

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