Open AccessThe Preconditions for the Admission of the Preventive Measure Based on an European Arrest Warrant
Author(s) -
Denisa Barbu,
Ana Maria Pana
Publication year - 2021
Publication title -
logos, universality, mentality, education, novelty. section law
Language(s) - English
Resource type - Journals
eISSN - 2458-1046
pISSN - 2284-5968
DOI - 10.18662/lumenlaw/9.1/55
Subject(s) - warrant , legislator , context (archaeology) , state (computer science) , member state , law , political science , member states , institution , business , european union , legislation , computer science , international trade , paleontology , finance , algorithm , biology
In addition to the mandatory “grounds for refusing to execute an European arrest warrant, the legislator” also provided for some optional grounds on the basis of which the competent judicial bodies “of the executing Member State may refuse to execute an European arrest warrant”. These provisions give the courts of the executing Member State the right to invoke or not to invoke them and, implicitly, the right to execute or not to execute an European arrest warrant. In our view, the refusal to execute the warrant must be complemented by the establishment “of direct links between the judicial authorities of the two Member States”, with regard to adopting a solution to the situation. In this context, given the complexity of the cases, the specific circumstances of the crimes, as well as other elements, the two judicial authorities involved will have to ascertain the incidence of another European institution, namely the transfer of proceedings in criminal matters.