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L’accès Libre à la Justice, Droit Fondamental Garanti par la Cour Constitutionnelle Roumaine
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Approche du Régime Processuel de L’enquête de Police en Droit Positif Français
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Considérations Concernant la Réglementation Juridique des Parties en Litige de Contentieux Administratif dans la République de Moldavie
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Special Domenial Regimes
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Considerations Regarding the Judicial Institution of Mobility and the Engaging of the Disciplinary Responsibility of Public Servants
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Aspects de la Codification du Droit Consulaire
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The Extradition Procedure between Romania and the U.S.A Critical Remarks
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| Translated Title: |
The Extradition Procedure between Romania and the U.S.A Critical Remarks |
| Publication: |
Acta Universitatis Danubius. Juridica
(1/2009) |
| Author Name: |
RUSU, Ion;
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| Language: |
English |
| Subject: |
Law |
| Issue: |
1/2009 |
| Page Range: |
71-86 |
| No. of Pages: |
16 |
| File size: |
116
KB |
| Download Fee: |
0 Euro (€) |
| Summary: |
Currently, the extradition procedure between the European Union member states and the United States of America proceeds in accordance with the stipulations of extradition Agreement signed at Washington DC on June the 25th 2003. The agreement came into force in Romania together with its adhesion to the European Union on January the 1st 2007. From the beginning of the last century until the adhesion to European Union, the extradition between Romania and the United States of America proceeded in accordance with the 1924extradition Convention. The signing of the extradition Treaty between Romania and United States of America represents a very important document which certifies the direct implication of Romania in the judicial collaboration in criminal matter by preventing and combating the transnational delinquency and punishing the persons who committed various crimes. According to the stipulations of the Agreement with the European Union, the extradition is given for the most part of the crimes provisioned in the legislation of the two states, on condition that the privative of liberty penalty stated in the two countries legislations is at least one year or bigger, and in case of execution of a penalty, the privative of liberty penalty left should be at least 4 months. Also, the extradition should also be provided for when the crime is committed outside the territory of the solicitant state, if other conditions are accomplished and the legislation of the solicitant state allows the application of a penalty for a crime that is committed outside its territory or in similar circumstances. The Treaty allows the extradition of its own citizens, and also of the persons who live on the territory of the solicited state. In the extradition procedure, temporary imprisonment, temporary delivery and postponed delivery, simplified procedure etc., are mentioned as well. Similar to other international judicial instruments, the Treaty also states the situations in which the extradition cannot be given, when the solicited state must inform the solicitant state about the reasons of this decision. The treaty also provides a series of provisions which do not do justice for the Romanian state, so they have been modified and examined, being objectionable, in our opinion, and the proper solution is modifying and completing the concerned normative international act. |
| Keywords: |
extradition; extradition procedure; critical remarks; prescription and capital punishment; military and political crimes |
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Study on the Interference Area Between the Criminal Law and the Labour Law
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A Plaintiff’s Prior Complaint Substantive and Formal Requirements
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The Right to Freedom of Expression and its Regulation in National and International Legislation
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Considerations Regarding Legal and Real Grounds for Dismissal
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The Parties’ Consent– A Distinct Reason for the Termination of the Individual Employment Contract. A Theoretical Study
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La Prorogation de Compétence dans les Litiges Commerciaux Internationaux. La Litispendance et la Connexité
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The Institution of Marriage in Old Romanian Law
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Actes Juridiques à Titre Gratuit Comme Formes des Libéralités Critères Concernant leur Différenciation par Rapport aux Autres Actes
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The Modern Theory of Objective Substantiation of Parental Responsibility for the Illicit Acts Committed by Their Minor Children
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The Modernization of the Central Public Administration in Context of the European Pre-adhesion of Republic of Moldova
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Considerations on Revising the Council Regulation (EC) No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil Matters
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Few Perspectives on the Comparative Law Concerning Notarial Activity
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Brief Apology to the National State in Europe
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Good Governance in the EU
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Edouard Lambert, Théoricien de la Jurisprudence Sociologique
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Maître et Disciple
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