Examples of using Executing judicial in English and their translations into Romanian
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However, in certain cases, the executing judicial authority may refuse to surrender the requested person.
Accordingly, pursuant to Article 15(3) of the Framework Decision, the issuing Member State may at any time, andon its own initiative, forward any additional useful information to the executing judicial authority.
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 may make the execution of a European arrest warrant subject solely to the conditions set out in the Framework Decision.
Thus, the objective of that provision is to enable the executing judicial authority to obtain the information necessary to allow the surrender.
According to Articles 29 to 32 of the IRG, it is in any event for the Oberlandesgerichte(Higher Regional Courts) to examine the admissibility of the extradition request,on application by the executing judicial authority.
On 18 June 2007, the German executing judicial authority informed Mr Kozłowski that it did not intend to raise any ground for nonexecution.
Recourse may be had to the procedure provided for in Article 15(2) only as a last resort in cases in which the executing judicial authority considers that it does not have all the necessary official evidence.
(51) It must be so because the executing judicial authority may only endorse an EAW that offers all the guarantees of a judicial decision.
By contrast, the decision to grant or refuse extradition, in the case of extradition requests submitted by an issuing judicial authority of another Member State,is a matter for the executing judicial authority.
The Generalstaatsanwaltschaft Stuttgart, the executing judicial authority, informed him on 18 June 2007 that it did not intend to invoke any ground for nonexecution.
Under Article 14 of the Framework Decision,‘where the arrested person does not consent to his orher surrender as referred to in Article 13, he or she shall be entitled to be heard by the executing judicial authority, in accordance with the law of the executing Member State'.
In order toestablish whether that condition is satisfied, the executing judicial authority must examine all the facts relevant to the individual situation of the person concerned.
(2) The executing judicial authority shall be the judicial authority of the executing Member State which is competent to execute the European arrest warrant by virtue of the law of that State.
I shall state that,for the purposes of assessing whether that condition is satisfied, the executing judicial authority must examine all the facts relevant to the individual situation of the person concerned.
The competent executing judicial authority may assign another judicial authority of its Member 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.'.
That list must not be exhaustive, since the ground for nonexecution provided for in Article 4(6)of the Framework Decision must always, in my opinion, be applied by the executing judicial authority on the basis of an assessment of the person's individual situation.
Under Article 15 of the Framework Decision, the executing judicial authority is to decide, within the timelimits and in accordance with the conditions defined in the Framework Decision, whether the person is to be surrendered.
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.
Under that provision, if the executing judicial authority finds the information communicated by the issuing Member State insufficient, it may ask it to provide supplementary information as a matter of urgency.
As we have seen, its purpose is to abolish, as between the Member States,the extradition procedure and to 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.
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.
Concerned consents to his surrender,the final decision on the execution of the European arrest warrant must be taken by the executing judicial authority within 10 days of consent being given, whereas, if that person does not consent to surrender, the decision must be taken within 60 days of his arrest.
The executing judicial authority may refuse to execute such a warrant only in the cases, exhaustively listed, of obligatory non-execution, laid down in Article 3 of the Framework Decision, or of optional non-execution, laid down in Articles 4 and 4a of the Framework Decision.
That is the case when the issuing judicial authority and the executing judicial authority are applying the provisions of national law adopted to transpose the Framework Decision.(54).
Executing judicial authorities may therefore, in principle, refuse to execute such a European arrest warrant only on the grounds for non-execution exhaustively listed in Articles 3, 4 and 4a of the framework decision. Similarly, execution of the arrest warrant may be made subject only to one of the conditions exhaustively laid down in Article 5.
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.
I note that, within the simplified system of surrender of requested persons established by the Framework Decision, the content of the European arrest warrant provided for in Article 8(1) thereof consists of information intended to provide the minimum andsufficient formal information to enable the executing judicial authorities to give effect to the European arrest warrant swiftly by adopting their decision on the surrender as a matter of urgency.
Promptly upon arrest pursuant to a European Arrest Warrant, the executing judicial authority shall notify the issuing judicial authority of the arrest and of the request by the person to have access to a lawyer also in the issuing Member State.