Extrădare pasivă. Aplicarea principiului ne bis in idem în relaţia dintre România şi Statele Unite ale Americii
Passive extradition. Application of the ne bis in idem principle in the relationship between Romania and the United States of America

Summary/Abstract: The principle of ne bis in idem is, from a material point of view, a fundamental human right, with universal valence, and in procedural terms it is a guarantee of the legal security of persons meant to ensure the fairness of the procedure and the justice’s prestige. The connection between Law no. 302/2004 and the Extradition Treaty between Romania and the United States of America regarding the ne bis in idem rule on extradition is characterized by compatibility and complementarity, which requires the application of the provisions of both normative acts. In the hypothesis that the partial regulatory difference between art. 5 of the Treaty and art. 8 of Law no. 302/2004 would be qualified as a conflict, as the latter article contains more favorable provisions, it is applied priority by virtue of art. 20 par. (2) of the Romanian Constitution.

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