Examples of using Executing judicial in English and their translations into Slovak
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(5) The Minister s decision shall be forwarded to the executing judicial authority.
(3) The executing judicial authority shall inform the Ministry of Justice of these circumstances immediately after it becomes aware of them.
If paragraph 2 applies, it shall forward it directly to the executing judicial authority.
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.
(4) Other conditions for temporary transfershall be agreed directly between the court and the executing judicial authority;
Thus, the objective of that provision is to enable the executing judicial authority to obtain the information necessary to allow the surrender.
The issuing judicial authority may at anytime forward any additional useful information to the executing judicial authority.
The latter is decisive in order to‘provide the executing judicial authority with an assurance that the issue of[the EAW] has undergone… judicial approval'.
The conditions and the duration of the temporary transfer shallbe determined by mutual agreement between the issuing and executing judicial authorities.
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.
Only if there is concrete evidence to the contrary can the executing judicial authorities refuse to execute the EAW.
Article 15.3 provides that the issuing judicial authority may at anytime forward any additional useful information to the executing judicial authority.
As long as the executing judicial authority has not taken a final decision on the European Arrest Warrant, it shall ensure that the material conditions necessary for effective surrender of the person remain fulfilled".
When the location of the requested person is known, the issuing judicial authority maytransmit the European Arrest Warrant directly to the executing judicial authority".
Continuing potential exchanges between issuing and executing judicial authorities even years after the execution of a European arrest warrant appears to me to serve no purpose and potentially to be harmful to the effectiveness of the system.
According to Articles 29 to 32 of the IRG, it is in any event for theOberlandesgerichte(Higher Regional Courts) to examine the admissibility of the extradition request, on application by the executing judicial authority.
When a person isarrested on the basis of a European 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 Member State.
The requested person shall be heard in accordance with the law of the executing MemberStateand with theconditions determined by mutual agreement between the issuing and executing judicial authorities.
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.
If the judicial authority of the issuing Member State does not specify the duration of the requested temporary transfer,or the procedures it intends to carry out, the executing judicial authority shall demand that the request be supplemented.
(3) If the executing judicial authority permits the temporary transfer of the person, a judge- or in the proceedings pending trial a judge upon a prosecutor s motion shall rule that the person be held in custody during temporary transfer to the territory of the Slovak Republic.
If two or more Member States have issued an alert for the same person, the decision on which warrant shall be executed in theevent of an arrest shall be taken by the executing judicial authority in the Member State where the arrest occurs.
Instead of postponing the surrender, the executing judicial authority may temporarily surrender the requested person to the issuing Member State under conditions to be determined by mutual agreement between the executing and the issuing judicial authorities.
It also follows from the scheme of the Framework Decision that executioncan 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.
It follows that 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.
Member State is referred to as a factor which may, possibly,justify a decision by the executing judicial authority to refuse surrender if that authority considers that the execution of the custodial sentence in its State is necessary to facilitate the reintegration in society of the person concerned.
The executing judicial authorities may therefore refuse to execute such a warrant only in the exhaustively listed cases of non-execution provided for by the Framework Decision( 15) and the execution of the EAW may be made subject only to one of the conditions listed exhaustively therein.
If the issuing judicial authority does not know the competent executing judicial authority, it shall make the requisite enquiries, including through the contact points of the European Judicial Network(8), in order to obtain that information from the executing MemberState.
If the issuing judicial authority does not know the competent executing judicial authority, it shall make the requisite enquiries, including through the contact points of the European Judicial Network(8), in order to obtain that information from the executing Member State.