European Integration - Realities and Perspectives
The European Arrest Warrant
Abstract: In the paper it is genera lly examined the institution of the European arrest warrant according to the
latest changes and additions through the adoption of a new European legislative act. The paper is a
continuation of research in the area of judicial cooperation in criminal matters in the European Union. It may
be useful to the judicia l bodies with the responsibilities of issuing and executing a specific European arrest
warrant and to academics and students in law schools. The research results, the essential cont ribution, the
originality consist of the general examination of the institution, the critical remarks and proposals f or
amending and completing certain provisions insufficiently clear.
Keywords: crime; critical opinions; judicial cooperation
The Romanian doctrine, as the European one, has revealed that the oldest and well known form of
international judicial cooperation in criminal matters is considered to be the extradition.
In its historical evolution, the institution of extradition has been a permanent subject of negotiations
between the world countries, the ultimate goal being to find the most effective ways to surrender
offenders’ refugee in another state. Bilateral agreements have resulted in treaties, conventions or other
similar instruments that have played a decisive role in preventing and fighting crime more effectively.
(Rusu, 2010, p. 19).
One of the fundamental problems that caused many political-legal discussions between the countries
of the world was of course the extradition of their own citizens. (Boroi & Rusu, 2008, p. 299)
For a long time, all world countries (except U.S. and Britain, but only bilaterally and under certain
conditions) did not accept the extradition of their citizens, moreover they did not committed even to
judge according to the internal laws on those who have committed criminal acts in other states. (Boroi
& Rusu, 2008, p. 299)
Developing world Member countries even since the beginning of the last century, especially since the
second half, it has created new possibilities for moving people and goods, something that caused new
mutations and the structure of cross-border crime, mutations generally defined by the possibility of
moving criminal elements, for ensuring a high quality organization and logistics.
In this context particularly complex, aware of the increased danger represented by the attempt to
globalize some serious forms of organized crime, among which we mention terrorism, drug
trafficking, trafficking in arms and ammunition, human flesh etc., the European governments have
continuously insisted upon the improvement of international judicial cooperation in criminal matters.
(Rusu, 2010, p. 20)
Legal Counselor S.C. SOTIREX S.R.L. Bacu, 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