The European Arrest Warrant According to the Latest Changes and Additions

• Author: Ion Rusu
• Position: Danubius University of Galati, Faculty of Law
• Pages: 19-27

Legal Sciences

19

The European Arrest Warrant

According to the Latest Changes and Additions

Ion Rusu

Danubius University of Galati, Faculty of Law, ionrusu@univ-danubius.ro

Abstract: Based on a dysf unction detected during the surrender of a pursued person under the European

Convention on Extradition, the European Union instituted a new procedure that is the European arrest

warrant. Because initially the provisions of the Framework Decision 2002/584/JHA did not provide c lear

legal rules regarding which procedure to follow if the wanted person was not present at the trial, this situation

was observed also by the European Court of Human Rights, it was amended and s upplemented accordingly

by adopting the Framework Decision 2009/299/JAI. The evaluation of the provisions of both acts highlights

the existence of some incomplete legal rules, which in time they will cause some dysfunctions re garding the

issuing and the enforc ement of a European arrest warrant. We also consider modifying and expanding the

legal rul es relating to mandatory and optional reasons for the refusal of enforcement of a European arrest

warrant, and the inclusion of educational deprivation of liberty measures in the category of the reasons that

justify the request of the execution of a E uropean arrest warrant. The originality of the work results from the

analysis of the recent changes of the European legislative framework document and the critical opinions

expressed about some stipulations, w hich in our opinion are incomplete. The paper can b e useful not only for

the Romanian legislator, but also for the European one, from the perspective of modifying the concerned legal

acts and also the doctrine. It has a major importance in this domain for ensuring an area of freedom, security

and justice in the European Union.

Keywords: Romanian legislator; European Union; European arrest warrant; international judicial cooperation

1. Preliminary Considerations

International judicial cooperation in penal matters between countries of the world has known various

forms over time in relation to the overall evolution of human society. The oldest and also well-known

form of international judicial cooperation in penal matters, assessed by experts is the institution of

extradition.

In its historical development, the institution of extradition has been a constant subject of negotiations

between countries around the world, the ultimate goal being to find the most effective ways to

surrender the offenders, being refugee in another state. Bilateral agreements have materialized in

treaties, conventions or similar means, which had a role in fighting and preventing crime more

effectively.

One of the most basic problems that caused countless discussions at political and legal level between

the countries of the world was of course the extradition of their own citizens (Boroi & Rusu, 2008, p.

299).