Examples of using Executing judicial in English and their translations into Polish
{-}
-
Colloquial
-
Official
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Financial
-
Official/political
-
Programming
-
Computer
The executing judicial authority may refuse to execute the European arrest warrant.
Nevertheless, in certain situations, the executing judicial authority may refuse to surrender a requested person.
The executing judicial authority consents to the surrender to another State according to the following rules.
The execution of the arrest warrant by the executing judicial authority may be subject to the following conditions.
The executing judicial authority may seek the advice of Eurojust(9) when making the choice referred to in paragraph 1.
Where the arrest warrant has been issued for the purpose of conducting a criminal prosecution, the executing judicial authority must.
However, in certain cases, the executing judicial authority may refuse to surrender the requested person.
The issuing judicial authority may at any time forward any additional useful information to the executing judicial authority.
Where the executing judicial authority which surrendered the person gives its consent in accordance with paragraph 4.
According to Articles 29 to 32 of the IRG, it is in any event forthe Oberlandesgerichte(Higher Regional Courts) to examine the admissibility of the extradition request, on application by the executing judicial authority.
The executing judicial authority shall immediately inform the issuing judicial authority and agree on a new surrender date.
Each State shall inform the General Secretariat of the Council for which of the grounds of non-execution of paragraph 1, it has established an obligation for its executing judicial authorities to refuse the execution of an arrest warrant.
States shall establish an obligation for the executing judicial authority to refuse to execute the arrest warrant in the following cases.
The requested person shall be heard in accordance with the law of theexecuting Member State and with the conditions determined by mutual agreement between the issuing and executing judicial authorities.
When such asituation arises, the executing judicial authority must, as afirst step, assess whether there is areal risk of breach of the fundamental right to affair trial.
According to the German government, Paragraph 80(3) of the IRG is compatible with Article 4(6) of the Framework Decision under which,it will be recalled, the executing judicial authority may refuse execution of a European arrest warrant issued for the purposes of execution of a sentence if the.
When such a situation arises, the executing judicial authority must, as a first step, assess whether there is a real risk of breach of the fundamental right to a fair trial.
Consequently, since it considered that it was not necessary to initiate enquiries in order to discover where, with whom andwhy Mr Kozłowski was staying in Germany, the executing judicial authority requested the Oberlandesgericht Stuttgart to authorise the execution of the European arrest warrant in question.
That consent must be given before the executing judicial authority, in such a way as to show that it has been given voluntarily, and the person concerned has the right to be assisted by legal counsel and, where appropriate, by an interpreter.
By contrast, such factors may, supposing that the person concerned is‘staying' in the executing Member State,be of some relevance for the assessment which the executing judicial authority is then called upon to carry out in order to decide whether there are grounds for not implementing a European arrest warrant.
Accordingly, the executing judicial authority may, in an individual case and exceptionally, refuse to execute a European arrest warrant if, as stated in the 12th recital in the preamble to the Framework Decision, there are‘reasons to believe, on the basis of objective elements, that the said arrest.
It also follows from the scheme of the Framework Decision that execution can be refused only by decision of the executing judicial authority, based specifically on one of the grounds for nonexecution exhaustively listed in Articles 3 and 4 of the Framework Decision.
Second, and only if the executing judicial authority finds that that person is covered by one of those terms, it must assess whether there is a legitimate interest which would justify the sentence imposed in the issuing Member State being executed on the territory of the executing Member State.
It follows that, without being conclusive, two of the four circumstances related by the national courts in its first question, under points(a) and(b),can be of relevance for the executing judicial authority when it has to ascertain whether the situation of the person concerned falls within Article 4(6) of the Framework Decision.
It follows that, if the executing judicial authority concludes that the person concerned no longer has the right to remain in the executing Member State following completion of his sentence, there is no reason to apply the ground for nonexecution provided for in Article 4(6) of the Framework Decision.
In that regard,it is certainly true that the term‘staying' cannot be interpreted in a broad way which would imply that the executing judicial authority could refuse to execute a European arrest warrant merely on the ground that the requested person is temporarily located on the territory of the executing Member State.
The Generalstaatsanwaltschaft Stuttgart, the executing judicial authority, informed him on 18 June 2007 that it did not intend to invoke any ground for nonexecution.
As we have seen, its purpose is to abolish, as between the Member States, the extradition procedure andto replace it with a system of surrender, under which the executing judicial authority may refuse surrender only by a decision specifically based on one of the grounds for nonexecution exhaustively listed in Articles 3 and 4 of the Framework Decision.
It is possible to imagine that the fact that the person concerned objects might lead the executing judicial authority to examine whether there are grounds for nonexecution under Articles 3 or 4 of the Framework Decision, a question which, in the event of consent.
The reference was made in proceedings concerning the execution by the Generalstaatsanwaltschaft Stuttgart(‘the German executing judicial authority') of a European arrest warrant issued on 18 April 2007 by the Sąd Okręgowy w Bydgoszczy(Regional Court, Bydgoszcz;‘the Polish issuing judicial authority') against Mr Kozłowski, a Polish national.