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Kanunları ve Tercümeleri
instruments to which Romania is a party, while taking into account the request for extradition.
ARTICLE 105
Immunities and privileges
(1) When a person referred to by a European Arrest Warrant enjoys immunity in Romania, the
executing judicial authority shall at once request the competent authority to remove this privile-
ge.
(2) Should the removal of immunity be of the competence of another State or of an interna-
tional organisation, the request shall be made by the judicial authority that issued the European
Arrest Warrant. The executing judicial authority shall notify this to the issuing judicial authority.
(3) While the request for withdrawal of immunity referred to in para.(2) is being solved, the
executing judicial authority shall take the measures it sees necessary to guarantee the actual sur-
render once the person no longer enjoys immunity.
(4) The terms in Article 95 shall begin from the date when the executing judicial authority was
informed of the removal or withdrawal of immunity.
(5) When a person referred to by a European Arrest Warrant is in Romania following his extra-
dition from a third State that is not a member of the European Union, and the surrender is limited
to the offence for which it was granted, the terms in the previous paragraph shall start when the
authorities of the State that extradited the requested person give their consent for the speciality
rule to lose its effect, and the person may be surrendered to the State that issued the European
ArrestWarrant. Until the decision is made, the executing judicial authority shall take the measures
necessary for surrender, if required.
ARTICLE 106
Relation with other legal instruments
The conditions, requirements and procedure for the issuing and execution of a European Ar-
rest Warrant are those established in this law, except for those provided in bilateral or multilateral
conventions to which Romania is a party, which simplify or facilitate the surrender procedure,
according to paragraph 2 of Art. 31 of the Framework-Decision No. 2002/584/JAI/ of the Council
of the European Union of 13 June 2002 on the European ArrestWarrant and Surrender Procedures
between Member States.
ARTICLE 107
Repealed.