1507
Kanunları ve Tercümeleri
a) the existence of a European Arrest Warrant;
b) the identity and citizenship of the requested person;
c) the legal classification of the act;
d) a description of the circumstances in which the offence was committed, including
the date and place.
(2) The request and the information mentioned in para.(1) need not be provided in case of air
transit without a stopover, unless there is forced landing.
(3) The request and the information regarding transit shall be to the Ministry of Justice that
shall forward them at once to the Court of Appeal of Bucharest.
(4) The Court of Appeal of Bucharest shall hand down a conclusion regarding the request for
transit, in a panel of two judges of the Criminal Section, in the council chamber, on the day of its
receipt.
(5) The conclusion is final and shall be sent at once to the Ministry of Justice, which shall im-
mediately forward it to the Issuing State.
(6) Should the requested person have Romanian citizenship, transit shall only be granted if
the condition under Art. 87 para. (2) is met.
ARTICLE 102
Subsequent surrender
(1) Consent to the surrender by Romania to another Member State of a person requested
through a European arrest warrant, for other offences committed before his surrender, shall be
presumed to have been given by those Member States who have sent a notification in this res-
pect to the General Secretariat of the Council of the European Union, unless the executing judicial
authority ordains otherwise in its judgement of surrender.
(2) In any case, the consent of the Romanian executing judicial authority to the subsequent
surrender of the person requested by an issuing Member State to another State shall not be ne-
cessary where the requested person:
a) while having had the chance to leave the territory of the State to which he/she was
surrendered, did not do so within 45 days from his final release, or returned to this territory after
having left it.
b) consented to being surrendered to a Member State other than the Executing State,
based on a European Arrest Warrant. Consent shall be given before the competent judicial autho-