the European arrest warrant - Statewatch

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Article 31 - Immunity The execution of a European arrest warrant shall be refused if the legal system of the executing Member State grants immunity to the requested person . Article 32 - Lack of necessary information The executing judicial authority may refuse to execute a European arrest warrant, if: (a) the European arrest warrant does not contain the information referred to in Article 6, or (b) the identity of the requested person cannot be established. 38
Chapter IV – Grounds for refusal to surrender Article 33 - Principle of integration 1. The execution of a European arrest warrant in respect of a requested person may be refused if this person would have better possibilities of reintegration in the executing Member State, and if he or she consents to serve the sentence in this Member State. In that case, the sentence pronounced in the issuing Member State shall be served in the executing Member State in accordance with the laws of the latter Member State. The sentence pronounced in the issuing Member State shall not be substituted by a sanction prescribed by the law of the executing Member State for the same offence. 2. The final judgement on the basis of which the European arrest warrant was issued, as well as all the necessary documents shall be transmitted to the competent judicial authority of the executing Member State in order to enable the execution of the sentence. Article 34 - Videoconference 1. The executing judicial authority may refrain from surrending the requested person if: (a) (b) it is possible by means of a videoconference system for the requested person to take part from a place in the executing Member State in criminal proceedings conducted in the issuing Member State; . the executing Member State and the issuing Member State accept such proceedings. The proceedings shall be conducted in accordance with the national law of the Member States concerned and relevant international instruments, including the 1950 European Convention for the Protection of Human rights and fundamental freedoms. 2. The detailed arrangements for those proceedings shall be agreed between the executing judicial authority and the issuing judicial authority. 3. In case of application of paragraph 1, the executing judicial authority shall decide, in conformity with the provisions of its national law, on the detention of the requested person. 39
Page 1 and 2: COMMISSION OF THE EUROPEAN COMMUNIT
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Page 27 and 28: sentence to be served in the Member
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the European arrest warrant - Statewatch

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