English to Serbian Law/Patents Law (general)

When a person is convicted in absentia, was fully aware of the trial and appointed trusted lawyers, the executing judge cannot subject the recognition and execution of the EAW to the condition that the surrender will have access to the re-opening of the proceedings, on the ground that the right to be present at the trial is an essential part of the right to a fair trial in the constitutional tradition of the executing member state (Case C-399/11, Melloni).

Where there are reasonable grounds to believe that the issuing state will breach the right of the person to an independent tribunal, the executing judge must not execute the EAW.

In this sense, the executing judge must acquire relevant information from the issuing judge

Sudija koji izvršava EAW nalog (evropski nalog za hapšenje)