The European Arrest Warrant

• 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: 28-34

European Integration - Realities and Perspectives

2012

28



The European Arrest Warrant

Minodora-Ioana Blan-Rusu

1

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

1. Introduction

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)

1

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.