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
SUMMARY

Based on a dysfunction 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 clear legal rules regarding which procedure to follow if the wanted person was not present at the trial, this ... (see full summary)

 
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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).

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