Arestarea provizorie în vederea extrădării din perspectiva cauzei CEDO. Matthews şi Johnson împotriva României

MIHAI VIOREL TUDORAN^*

* e-mail: tudoran_mihai@yahoo.com

Judecător (p)

ABSTRACT

The paper addresses some shortcomings caused by the imprecise and insufficient legislation of the arrest measure in the field of passive extradition, as the latter is regulated by Law no. 302/2004, which has led to problems in the interpretation of the relevant texts. These problems have led to legislative changes which, however, are quite summary and which do not satisfy, in our opinion, the desire imposed by the Constitutional Court of Romania through Decision no. 359 of May 26,2022. We consider that the method of regulating the provisions of art. 57 para. 5 and 6 of Law no. 302/2004 still do not represent a sufficiently clear and predictable procedure meant to ensure compliance with the constitutional and conventional requirements regarding the possibility of the authorities to maintain an extradited...