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Uluslararası Adli İşbirliği
rity of the issuing Member State and shall be recorded in an official record drawn up according to
the latter State’s internal law. The requested person has a right to be assisted by a lawyer. Consent
must be expressed freely and in full awareness of its consequences.
c) renounces the speciality rule, according to Article 100 para. (3) and (4) a) to c).
(3) In situations not regulated by para.(1) and (2), the approval of the Romanian executing
judicial authority is required, which shall be requested according to Art. 82, while attaching to the
request the information mentioned in Art. 79 para. (1) accompanied by a translation
(4) In relations with other Member States than those in para. (1), the consent by the Roma-
nian executing judicial authority is required for the surrender of the requested person to a third
State. In this respect, the competent judge shall decide, by a final order issued in camera without
summoning the parties, within 30 days from receipt of the request, without prejudice to the gu-
arantees in Art. 87.”
(5) Paragraphs (1) to (4) shall apply accordingly where Romania is the issuing Member State.
ARTICLE 103
Surrender after extradition
(1) If the requested person was extradited into Romania from a third State, by which the
person was protected by the provisions on speciality rule contained in the agreement based on
which he was extradited, the executing Romanian judicial authority shall request authorisation
from the State that extradited the person so that he can be surrendered to the Issuing State. The
terms mentioned in Art. 95 shall begin from the date when the speciality rule no longer applies.
(2) While solving the request for authorisation, the executing Romanian judicial authority
shall continue to ensure the material conditions required for an actual surrender.
ARTICLE 104
Subsequent extradition
(1) The extradition of a person who was surrendered to Romania based on a European Arrest
Warrant, requested afterwards by a State that is not a Member of the European Union, may not
be granted without the consent of the executing judicial authority that approved the surrender.
(2) If the Romanian judicial authorities approved the surrender of a person to another Mem-
ber State of the European Union, based on a European Arrest Warrant, and the issuing judicial
authorities request consent for extraditing the requested person to a third State that is not a
Member of the European Union, consent shall be given according to the bilateral or multilateral