European Warrant for Obtaining Evidence

• Author: Minodora-Ioana Balan-Rusu
• Position: Legal Counselor S.C. SOTIREX S.R.L. Bacau, PhD in progress at Titu Maiorescu University Bucharest, Romania
• Pages: 22-27

European Integration - Realities and Perspectives

2012

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European Warrant for Obtaining Evidence

Minodora-Ioana Blan-Rusu

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Abstract: This paper concerns a general examination of the Europea n legislative act regulating the activity of

obtaining evidence for their use in criminal proc eedings, its importance resulting from the novelty that it

represents. The research may be useful both to Romanian and European judicial authorities with

responsibilities f or judicial cooperation in criminal matters and also to theorists that examine the complex

cooperation system at EU level. The research results, the essential contribution, its originality consist of the

critical general examination of the concerned normative act, and also the prop osals to amend and supplement

some provisions which may cause dysfunctions in practice.

Keywords: crime; judicial cooperation; proposals

1. Introduction

The development of European countries since the second half of last century has created new

possibilities for moving people and goods in Europe, which caused new mutations in the structure of

cross-border crime, mutations generally defined by the possibility of moving criminal elements, to

ensure efficient organization and permanent logistics. (Rusu, 2010, p. 20)

In these very complex conditions, European countries, aware of the increasing perspective of cross-

border crimes globalization and organized crime, they have increasingly insisted on initiating an

organized framework for judicial cooperation in criminal matters.

The first and most important step in the improvement and modernization of the institution of

extradition was made in the second half of last century by the European Council, by adopting the

European Convention on Extradition on 13 December 1957. (Boroi & Rusu, 2008, p. 299)

By establishing the European Union among other facilities granted to their citizens, it also appeared

the one of the free movement of persons and goods within the Union, an aspect which led inevitably to

increasing crime of all kinds and especially the cross-border and organized crime.

The establishment of the European Union and subsequently the Schengen area created new

possibilities of actions to the crime element and thus increase criminality, exacerbated possibilities of

increasing the opportunities the action territory by the admitting new states. (Rusu, 2009, p. 19)

Although the system of cooperation in criminal matters between European countries, achieved by the

compliance of European Convention on Extradition has worked for a while in good conditions,

however, as time has passed it was proved to be increasingly ineffective. This conclusion had to find a

solution, as the crime was in a constant increase.

The found solution was establishing a new surrender procedures of criminals between Member States

to a procedure that would simplify the whole activity, so that all that all offenders that have committed

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Legal Counselor S.C. SOTIREX S.R.L. Bacu, PhD in progress at Titu Maiorescu University Bucharest, Romania,

Address: 70 Dionisie Lupu St., Bucharest, Sector 1, Romania, Tel. 004016507430, Fax: 0040-1-3112297. Corresponding

author: oana_rusu86@yahoo.com.