Examples of using Executing judicial authority in English and their translations into German
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The executing judicial authority may refuse to execute the European arrest warrant.
Where the arrest warrant has beenissued for the purpose of conducting a criminal prosecution, the executing judicial authority must.
The executing judicial authority consents to the surrender to another State according to the following rules.
Nevertheless, in certain situations, the executing judicial authority may refuse to surrender a requested person.
The executing judicial authority may seek the advice of Eurojust(9) when making the choice referred to in paragraph 1.
The execution of the arrest warrant by the executing judicial authority may be subject to the following conditions.
The executing judicial authority of a Member State may seek the advice of Eurojust when making the choice referred to in paragraph 1.
The judicial authority of the Member State of execution(hereinafter"executing judicial authority") shall refuse to execute the European arrest warrant in the following cases.
The executing judicial authority may make the execution of a European arrest warrant subject solely to the conditions set out in the Framework Decision.
If the issuing judicial authority does not know the competent executing judicial authority, it shall make the requisite enquiries, in order to obtain that information from the executing State.
The executing judicial authority shall decide, within the time limits and under the conditions defined in this Agreement, whether the person is to be surrendered.
Where in specific cases the arrest warrant cannot be executed within the time limits laid down in paragraphs 2 or3, the executing judicial authority shall immediately inform the issuing judicial authority thereof, giving the reasons for the delay.
The executing judicial authority shall immediately inform the issuing judicial authority and agree on a new surrender date.
In specific cases where the arrest warrant cannot be executed within thetime limits laid down in the above paragraphs, the executing judicial authority shall immediately inform the issuing judicial authority, stating the reasons for non-execution within the time limits.
The executing judicial authority shall be the judicial authority of the executing State which is competent to execute the arrest warrant by virtue of the law of that State.
Where the requested person enjoys a privilege or immunity regarding jurisdiction or execution in the executing State, the time limits referred to in Article 20 shall not start running unless,and counting from the day when, the executing judicial authority is informed of the fact that the privilege or immunity has been waived.
However, in certain cases, the executing judicial authority may refuse to surrender the requested person.
If the arrested person indicates that he or she consents to surrender, that consent and, if appropriate, express renunciation of entitlement to the"speciality rule", referred to in Article 30(2),shall be given before the executing judicial authority, in accordance with the domestic law of the executing State.
The execution of the European arrest warrant by the executing judicial authority may, by the law of the executing Member State, be subject to the following conditions.
The executing judicial authority may, after deciding to execute the arrest warrant, postpone the surrender of the requested person so that he or she may be prosecuted in the executing State or, if he or she has already been sentenced, so that he or she may serve, in its territory, a sentence passed for an act other than that referred to in the arrest warrant.
The European Commission is right in its viewthat the obligation to execute a European arrest warrant no longer applies where the executing judicial authority, taking into account all the circumstances of the case, is convinced that surrender would result in a breach of a requested person's fundamental rights cf. Commission document COM< 2011> 175 final of 11 April 2011, p. 7.
If the executing judicial authority finds the information communicated by the issuing State to be insufficient to allow it to decide on surrender, it shall request that the necessary supplementary information, in particular with respect to Articles 4 to 6, 8 and 11, be furnished as a matter of urgency and may fix a time limit for the receipt thereof, taking into account the need to observe the time limits set in Article 20.
When a person is arrested on the basis of an arrest warrant, the executing judicial authority shall take a decision on whether the requested person should remain in detention, in accordance with the law of the executing State.
The competent executing judicial authority may assign another judicial authority of its State to take part in the hearing of the requested person in order to ensure the proper application of this Article and of the conditions laid down.
Instead of postponing the surrender, the executing judicial authority may temporarily surrender the requested person to the issuing State under conditions to be determined by mutual agreement between the executing and the issuing judicial authorities. .
As long as the executing judicial authority has not taken a final decision on the arrest warrant, it shall ensure that the material conditions necessary for effective surrender of the person remain fulfilled.
Thus, through a series of minimum checks, the national judicial authority(the executing judicial authority) accedes to the request for the surrender of a person made by the judicial authority of another Member State(the issuing judicial authority) for the purposes of conducting a criminal prosecution or enforcing a custodial sentence or detention order.
The Court accordingly considers that the wording,scheme and purpose of that provision precludes the executing judicial authorities(Spain) from making the execution of a European arrest warrant conditional upon the conviction rendered in absentia being open to review in the Member State that issued the arrest warrant Italy.
As long as Austria has not modified Article 12(1) of the"Auslieferungs- und Rechtshilfegesetz" and, at the latest, until 31 December 2008,it may allow its executing judicial authorities to refuse the enforcement of a European arrest warrant if the requested person is an Austrian citizen and if the act for which the European arrest warrant has been issued is not punishable under Austrian law.