The Commitment to a Penalty Execution or Deserve to Be on Remand as a Requirement to Reject a European Order of Arrest and Delivery in EU Court of Justice

  • Marina Cedeño Hernán Universidad Complutense de Madrid
DOI: https://doi.org/10.5209/foro.66646
Keywords: order of european arrest and delivery, nationality and residence, penalty execution or deserve to be on remand

Abstract

EU Court of Justice has framed the necessary requirements to prevent a EU order of arrest and delivery from being executed based on the Nationality or Residence of the Person requested. Among such conditions it is particularly troublesome the one connected with the penalty execution commitment or Deserve to be on Remand which the State must assume in case the person requested›s delivery is denied. In this article we show the issues presented in many cases concerning a commitment to execute a penalty, particularly within the Spanish Legal System facing the various proceedings and competent authorities in order to decide upon the European Law for Arrest and Delivery as well as upon Penalty executions or Deserves to be on Remand requested by another EU member.

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Published
2020-09-22
How to Cite
Cedeño Hernán M. (2020). The Commitment to a Penalty Execution or Deserve to Be on Remand as a Requirement to Reject a European Order of Arrest and Delivery in EU Court of Justice. FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época, 22(1), 211-231. https://doi.org/10.5209/foro.66646
Issue
Vol. 22 No. 1 (2019): El derecho procesal en España y en Brasil
Section
Monografía

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