Execution of the European Arrest Warrant by the Romanian Judicial Authorities

• Author: Ion Rusu
• Position: IJP, Vrancea
• Pages: 332-342

Execution of the European Arrest

Warrant by the Romanian Judicial Authorities1

Ion Rusu

IJP, Vrancea

Abstract: The unprecedented development of criminality at th e social and economical levels, the tendency to

globalize some categories of crimes, o f maximum gravity, as terrorism, armament traffic, drug traffic or

human traffic, have determined the world states to undertake specific measures to prevent, combat and finally

reduce it. The first and most important measure taken by the Europe’s Council, regarding the intensification

of judicial cooperation in criminal matters was the adoption of the Eu ropean Convention on extradition, in

Paris on 13 December 1957, completed by the two Additional Protocols in Strasbourg, on 15 October 1975

and 17 March 1978. In this con text, the release of the Council’s Framework Decision on 13 June 2002 on the

European arrest warrant and the pro cedures of delivery among the member states (2002/584/JAI) represented

a natural decision, with the purpose of contributing at ensuring a free, secure and just European space. The

European arrest warrant is a jud icial decision through which a competent judicial authority of a European

Union member state solicits the arrest and delivery by another member state, in order to proceed to the

prosecution, trial or execution of a penalty or safety measure that is privative of freedom.

Keywords: Judicial cooperation, State, European Union

1. Introductive Considerations. The Necessity of the Institution and the Importance of the

European Arrest Warrant

In its historical evolution, the institution of extradition represented a permanent negotiation between the

world states, the final purpose being the finding the most efficient ways to deliver the lawbreakers refugee

on the territory of another state. The bilateral agreements became a fact throughout treaties, conventions or

other similar instruments that had a determined role in prevention and combating crime with a greater

efficiency.

One of the fundamental problems that caused numerous discussions at a political and judicial level

between the world states was of course the one of the extradition of their own citizens.2

For a long time, all the world states (except the United States and Great Britain, but only at a bilateral

level and in certain conditions) did not accept the extradition of their own citizens, moreover, they did not

commit in trailing them according to the internal law on the states where they committed the crimes.3

As the time passed, the criminality developed, manifested in the most divers and violent forms,

threatening the individual security of the citizens and even the internal security of some countries.

Creating the real possibilities for the citizens to circulate in Europe (starting with the second half of the

last century) determined the development of new mutations in the structure of trans-boundary crime,

mutations that were caused by the possibility to circulate of the criminal elements, providing for a

competitive logistic and organization. Aware of the growing danger represented by the globalization

1

The institution of the European arrest warrant is examined ta king into account the last modifications introduced by Law

no.222/2008 on the amendment and completion of Law no.302/2004 on the i nternational judicial cooperation in criminal matters,

published in the Official Monitor of Romania, no.758 of 10 November 2008

2

Al. Boroi, I. Rusu, International Judicial Cooperation in Criminal Matters, Ed. C.H.Beck, Bucharest, 2008; p. 299

3

Ibidem, op. cit. p. 299

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