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The Execution Of The European Arrest Warrant

Author

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  • Eleni Cristina MARCU

    (Judge, Constanta Court of Appeal, ROMANIA.)

Abstract

The need for elimination between Member States of the European Union of the formal extradition procedure for all people trying to evade justice after having been definitive convicted and the accelerated extradition procedures concerning persons suspected of having committed a crime in any of the Member States of the European Union, has imposed the adoption by the European Union Council of the Framework Decision no. 2002/584 / JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The paper examines the general aspects of the European arrest warrant, from definition to the content and form. Furthermore it shows the conditions for the execution of a European arrest warrant and the special conditions, the guarantees that the issuing State of the European arrest warrant must give. Mandatory and optional grounds for refusal to execute the European arrest warrant are also presented. In the second part of the paper relevant cases from jurisprudence are presented. One case would be the situation of the Romanian citizen who disagrees with the execution of the sentence in the sentencing State.

Suggested Citation

  • Eleni Cristina MARCU, 2016. "The Execution Of The European Arrest Warrant," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 65, pages 132-139, June.
  • Handle: RePEc:pmu:cjurid:v:65:y:2016:p:132-139
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj16/recjurid162_12F.pdf
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    More about this item

    Keywords

    European arrest warrant; grounds for refusal; criminal procedure;

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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