Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Polonia

Observare transfrontalieră (801)

1. MEASURE IMPLEMENTATION

Polonia

Is this measure possible in your Member State under International Judicial Cooperation?

POLISH-SLOVAK BORDER, POLISH-LITHUANIAN BORDER: Surveillance of a person may be carried by the designated authorities of the Contracting Party, following a prohibited act, which could constitute the basis for extradition. The observation could be continued on the territory of the state of the Contracting Party having obtained the prior consent of that Party's competent authority.The urgent surveillance must be stoped if authorisation would not be granted within 12 hours after crossing the border. POLISH-GERMAN BORDER: Surveillance may be carried out on the territory of the other Contracting Party of a person, in connection with a punishable act which may constitute the basis for extradition, with the consent given by the appropriate authority. POLISH-CZECH BORDER: Cross-border surveillance between the Republic of Poland and the Czech Republic is based on Article 40 of Schengen Convention.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1. The Agreement (Article 12) between the Republic of Poland and the Republic of Lithuania on cooperation in combating organized and other crime and cooperation in border regions signed in Vilnius on 14 March 2006 (Dz.U.07.177.1244); 2. Cross-border surveillance between the Republic of Poland and the Czech Republic is based on Article 40 of Schengen Convention; 3. Cross-border surveillance between Poland and Germany is regulated by: a) Schengen Convention (Article 40) – if the surveillance will be conducted on the territory of more than one voivodships; b) the Agreement of the Government of the Republic of Poland and the Government of the Federal Republic of Germany on the cooperation of police, border guard and customs forces, signed in Zgorzelec on 15 May 2014 (Dz.U.2015.940), which came into force on 9.07.2015 4. Agreement between the Polish Republic and the Slovak Republic on cooperation in the border regions and on combating crime, signed in Warsaw on 23 March 2004. (Dz. AT. 07.85.568), amended by an Agreement on 12 May 2010.

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

POLISH-GERMAN BORDER: - Police, Border Guard, Customs Cooperation Center and the Commander in Chief of the Police POLISH-CZECH BORDER: - Commander in Chief of the Police - Relevant Voivodship Police Commander who can be addressed through: Joint Border Guard Post in Kudowa Zdroj - Joint Crossborder Post POLISH-SLOVAK BORDER, POLISH-LITHUANIAN BORDER: - Commander in Chief of the Police

* execute/recognise the measure (if other than the receiving authority)

Relevant Voivodship Police Commander on which territory obsetrvation is to be carried out - Commander in Chief of the Police - When observation is to be carried out on territory of more than one Voivodship

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

English or the language of the requested Member State.

5. EXECUTION DEADLINE

Polonia

Deadlines for the execution of the request/decision (where applicable)

POLISH LITHUANIAN AGREEMENT: Article 12 paragraph 4 (3) in urgent cases: 5 h from the border crossing POLISH SLOVAK AGREEMENT: NO

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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