Non-unitary judicial practice. Procedure followed after receipt of the European arrest warrant, in the event of admission of the request for execution, if the provisional arrest has been ordered in the case based on the alert entered in the Schengen Cover Image
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Practică judiciară neunitară. Procedura urmată după primirea mandatului european de arestare, în ipoteza admiterii cererii de executare, dacă în cauză s-a dispus arestarea provizorie în baza semnalării introduse în Sistemul de Informații Schengen
Non-unitary judicial practice. Procedure followed after receipt of the European arrest warrant, in the event of admission of the request for execution, if the provisional arrest has been ordered in the case based on the alert entered in the Schengen

Author(s): Georgiana Anghel-Tudor
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law
Published by: C.H. Beck Publishing House - Romania
Keywords: non-unitary judicial practice; European arrest warrant; provisional arrest; international judicial cooperation;

Summary/Abstract: In judicial practice it has been found that there is no unitary point of view on how the court decides on the measure of arrest after receiving the European arrest warrant, in the case of admitting the request for execution, if provisional arrest based on the signal introduced in the Schengen Information System (SIS), according to article 102(5) of Law no. 302/2004, was previously ordered.The article presents the different jurisprudential opinions on this issue, illustrated with extracts from courts decisions, accompanied by the author commentaries.

  • Issue Year: XIX/2020
  • Issue No: 02
  • Page Range: 72-75
  • Page Count: 4
  • Language: Romanian