Fiches Belges

Yes. The measure is covered by Articles 118 and 157 of Law no. 302/2004 on international judicial cooperation in criminal matters.

FD 2002/584/JHA on EAWs (Art. 1(2)) (FD amended by FD 2009/299/JHA) Art.25 FD 2008/909/JHA on custodial sentences Art.16 Directive 2014/41/EU on EIOs (Art 22 (4)); EU MLA Convention 2000 (Art 9(4)) with CoE European Convention on Mutual Assistance in Criminal Matters (1959) Art.11(2)

For EAW: The request and the information on the transit shall be sent to the Ministry of Justice, which shall forward it at once to the Bucharest Court of Appeal, which is the competent authority to decide. For transfer of sentenced persons>The transit of the territory of Romania shall be approved by the specialized directorate within the Ministry of Justice, based on the request of the requesting State. The Romanian authority competent to receive the request for transit shall be the International Police Cooperation Centre within the General Inspectorate of the Romanian Police.

The request shall be made in writing and shall be accompanied by a copy of the certificate provided in Annex No 5. In case the certificate is not accompanied by a translation into Romanian, the requesting State may ask permission to transmit the translation into Romanian subsequently.

EAW: The Bucharest Court of Appeal, in a panel of 2 judges of the Criminal Section, shall decide on the request for transit, on the day of receipt thereof, by an interlocutory judgment rendered in the council chamber. The interlocutory judgment is final and shall be sent at once to the Ministry of Justice, which shall immediately inform the issuing State. the Ministry of Justice, through the specialized directorate, shall decide, based on the report prepared by the International Police Cooperation Centre within the General Inspectorate of Romanian Police, on the request for transit, within 3 days of receiving such request. The decision shall be postponed until the receipt of the translation requested.

The transfer of a sentenced person from the issuing State to Romania shall take place on a date on mutually agreed upon between the Romanian competent authorities and those of the issuing State, no later than 30 days after the recognition judgment remained final.