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HCCJ. Execution of the European arrest warrant

The High Court of Cassation and Justice decided that the court, as the Romanian executing judicial authority, has to execute the European arrest warrant issued by a court of a Member State of the European Union, which, according to national legislation of the Member State is simultaneously national arrest warrant. In this case –  in which the court issuing from an EU Member State informs the Romanian executing judicial authority that the European arrest warrant is under the Member State law also a national arrest warrant – the condition regarding the content of the European arrest warrant provided for in Article . 86 para. (1). c) of Law no. 302/2004, regarding “Indication ot the existence of a final judgment, a warrant for preventive arrest or any other enforceable judicial decision having the same effect, falling within the provisions of art. 88 and art. 96 “is done, and the Romanian court can not reject the execution of a European arrest warrant on the ground that the issuing court did not indicate the content of the European arrest warrant, the national arrest warrant. (Decision no. 1332 of the 14th of April 2014 rendered by the Criminal Section of The High Court of Cassation and Justice covering the European arrest warrant).

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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