Spans in 'Sweden - Mutual Assistance Act' tagged with 'Conflict with existing fundamental legal principle of general application

'Conflict with existing fundamental legal principle of general application - consultations with the Court' in document 'Sweden - Mutual Assistance Act'

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More information about the keyword 'Conflict with existing fundamental legal principle of general application - consultations with the Court'
More information about the document 'Sweden - Mutual Assistance Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2. General provisions concerning legal assistance in Sweden.

Consideration of requests and decisions on refusals

Section 14

A request for legal assistance shall be refused if execution of the request would violate Sweden’s sovereignty, involve a risk to national security or conflict with Swedish general principles of law or other essential interests.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.