Reservations and Declarations for Treaty No.024 - European Convention on Extradition

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 19/10/2017

Romania

Declaration contained in the instrument of ratification, deposited on 10 September 1997 - Or. Rom./Fr.

Concerning Article 6, paragraph 1.a: Romania will not extradite its citizen and persons to whom asylum has been granted in Romania.

Concerning Article 6, paragraph 1.b: the term "nationals", in the sense of this Convention, designates Romanian citizens or persons to whom asylum has been granted in Romania.
Period covered: 09/12/1997 - 17/07/2006
Articles concerned : 6

Declaration contained in the instrument of ratification, deposited on 10 September 1997 - Or. Rom./Fr.

Concerning Article 21, paragraph 5: Request for transit through Romania's territory of a Romanian citizen or a person to whom asylum has been granted in Romania will be refused.
Period covered: 09/12/1997 - 17/07/2006
Articles concerned : 21

Declaration contained in a Note verbale from the Permanent Representation of Romania, dated 7 July 2006, registered at the Secretariat General on 17 July 2006 - Or. Engl.

Romania declares that, in accordance with the paragraph 1 of the Act 74/2005, the declaration formulated by Romania on Article 6, paragraph 1, of the Convention is amended as follows :

"The Romanian citizens may not be extradited. By derogation of these provisions, the Romanian citizen may be extradited from Romania in accordance with the international conventions to which Romania is Contracting Party and on the basis of reciprocity, only if one of the following conditions is fulfilled :

a) the soliciting State, in order to carry on the criminal prosecution and the judgment, gives assurances estimated as satisfactory, that, if a conviction to a punishment depriving of liberty is pronounced by a final decision of justice, the Romanian citizen will be transferred to serve the punishment in Romania;

b) the Romanian citizen has his residence in the State that formulated the request at the date of the formulation of the request for extradition;

c) the Romanian citizen has also the citizenship of the soliciting State,

d) the Romanian citizen committed the fact on the territory or against a citizen of a member State of the European Union, if the soliciting State is member of the European Union.

The person for whom asylum was granted in Romania may not be extradited."
Period covered: 17/07/2006 -
Articles concerned : 6

Declaration contained in a Note verbale from the Permanent Representation of Romania, dated 7 July 2006, registered at the Secretariat General on 17 July 2006 - Or. Engl.

Romania declares that, in accordance with the paragraph 2 of the Act 74/2005, the declaration formulated by Romania on Article 21, paragraph 5, of the Convention, is amended as follows :

"If the transit across the territory of Romania is asked for a Romania citizen or a person who has the asylum right in Romania, the provisions of the paragraph 1 are amended accordingly."
Period covered: 17/07/2006 -
Articles concerned : 21

Declaration contained in a Note Verbale from the Permanent Representation of Romania, dated 6 February 2007, registered at the Secretariat General on 9 February 2007 - Or. Engl.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, Romania declares that, starting with 1 January 2007, it applies Title III of the Law no. 302/2004 on the judicial cooperation in criminal matter, which implements the provisions of the European Union Council Framework Decision no. 584/JHA of 13 June 2002 on the European arrest warrant and the surrender of all persons between Member States, in relations between Romania and the other Member States of the European Union.

By way of exception, the European Convention on Extradition, done at Paris on 13 December 1957, and its Additional Protocols, done at Strasbourg on 15 october 1975 and 17 March 1978, will continue to apply in the following cases :

a. to the extradition requests made or received before 1 January 2007, which are pending, and also to the requests made on the grounds of Article 14 of the European Convention on Extradition, regarding extradition requests made before that date;
b. to the acts which represent the object of notifications sent by some Member States of the European Union to the General Secretariat of the Council of the European Union according to Article 32 of the Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, with the meaning that for those acts the provisions of the extradition treaties in force will continue to apply on a transitory basis.

The above does not alter by any means the application of the Convention in relations between Romania and the Parties to the Convetnion that are not Member States of the European Union.
Period covered: 09/02/2007 -
Articles concerned : 28


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