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

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

Author(s): Denisa Barbu, Nicolae Silviu Pană
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: European arrest warrant; handing over of prisoners; requested person; pre-trial detention; conditions;

Summary/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).

  • Issue Year: IX/2021
  • Issue No: 1
  • Page Range: 33-41
  • Page Count: 9
  • Language: English