Advanced Search

Law No. 80 Of 9 May 1997

Original Language Title:  LEGE nr. 80 din 9 mai 1997

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 80 80 of 9 May 1997 (* updated *) for the ratification of the European Extradition Convention, concluded in Paris on 13 December 1957, and its Additional Protocols, concluded in Strasbourg on 15 October 1975 and on 17 March 1978 ((* updated until 24 June 2006 *)
ISSUER PARLIAMENT




------------- *) The initial text was published in the OFFICIAL GAZETTE no. 89 89 of 14 May 1997. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until June 24, 2006, with the amendments and additions made by: LAW no. 74 74 of 7 April 2005 ; LAW no. 224 224 of 1 June 2006 . The Romanian Parliament adopts this law + Article 1 The European Extradition Convention, concluded in Paris on 13 December 1957, is ratified. The Additional Protocol to the European Extradition Convention, concluded in Strasbourg on 15 October 1975 and the second Additional Protocol to the European Extradition Convention, concluded in Strasbourg on 17 March 1978, is hereby ratified. + Article 2 Ratification of the Convention shall be made with the following statements ((1) In Article 6 (1) (a): The Romanian citizen cannot be extradited. By way of derogation from these provisions, the Romanian citizen can be extradited from Romania on the basis of the international conventions to which it is also a party on the basis of reciprocity, only if at least one of the following conditions is fulfilled: a) the requesting state, in order to carry out the prosecution and the judgment, assures that sufficient that, in the case of conviction to a custodial sentence by a final court decision, the Romanian citizen will be transferred for the execution of sentence in Romania; b) the Romanian citizen resides on the territory of the requesting state at the time of the extradition request; c) the Romanian citizen has the citizenship of the requesting state; d) the Romanian citizen committed the act on his territory against a citizen of a Member State of the European Union, if the requesting state is a member of the European Union. The person who was granted the right to asylum in Romania cannot be extradited. ------------- Point (1) of art. 2 2 has been amended by section 1 1 of the single article of LAW no. 74 74 of 7 April 2005 , published in MONITORUL OFFICIAL no. 324 324 of 18 April 2005. ((2) In Article 6 (1) (b): "By the term national, for the purposes of this Convention, it is understood the Romanian citizen or the person who obtained the right of asylum in Romania." " (3) In Article 21, paragraph 5: If the transit of the territory of Romania is requested, for a Romanian citizen or for a person who has obtained the right of asylum in Romania, the provisions of paragraph 1 shall be applied accordingly. " ------------- Point (3) of the art. 2 2 has been amended by section 2 2 of the single article of LAW no. 74 74 of 7 April 2005 , published in MONITORUL OFFICIAL no. 324 324 of 18 April 2005. -------------- Article 3 was repealed by art. II of LAW no. 224 224 of 1 June 2006 , published in MONITORUL OFFICIAL no. 534 534 of 21 June 2006. -------------- Article 4 was repealed by art. II of LAW no. 224 224 of 1 June 2006 , published in MONITORUL OFFICIAL no. 534 534 of 21 June 2006. This law was adopted by the Chamber of Deputies at its meeting on April 14, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN This law was adopted by the Senate at the meeting of 18 April 1997, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS CONVENTION 13/12/1957 PROTOCOL 15/10/1975 PROTOCOL 2 17/03/1978