The Issuance and Transmission of a European Arrest Warrant by the Romanian Judicial Authorities

Author:Ion Rusu
Position:Danubius University of Galati, Faculty of Law
Pages:10-18
SUMMARY

The European arrest warrant is the most important form of judicial cooperation in penal matters within the European Union, which is based on the mutual recognition of criminal judgments. The European legislative act that governs the institution is the Framework Decision no. 2002/584/JHA of 13 July 2002 on the European arrest warrant and the surrender procedures between Member States, amended and... (see full summary)

 
FREE EXCERPT
European Integration - Realities and Perspectives
2010
10
Legal Sciences
The Issuance and Transmission of a
European Arrest Warrant by the Romanian Judicial Authorities
Ion Rusu
Danubius University of Galati, Faculty of Law, ionrusu@univ-danubius.ro
Abstract: The European arrest warrant is the most important form of judicial cooperation in penal matters
within the European Union, which is based on the mutual recognition of criminal judgments. The European
legislative act that governs the ins titution is the Framework Decision no. 2002/584 /JHA of 13 July 2002 on
the European arrest warrant and the surrender procedures between Member States, amended and
supplemented by the Council Framework Decision of 2009/299/JAI February 26, 2009. Although the first
piece of the European legislative act has been transposed into our legislation by the Law no. 302/2004 on
international judicial cooperation in cr iminal matters, with subsequent amendments, the modifying normative
act has not been transposed into national law. The research conducted on the depositions of sp ecial law and of
the European legislative ac t, and especially on their implications in the internal and European judiciary
practice, demonstrates the existence of some incomplete stipulations, secures the workab ility of the is suing,
transmission and identificat ion, pursuing and handing over the persons wanted by the Romanian judicial
authorities in the Member States. A very special situation which is determined by the omission of national
and EU legislator, in order to include the category of the persons submitted to the handing over and the
minors against whom it was applied an educational and a deprivation of liberty measure, a situation which
leads directly to the non execution of such sanctions of the minors. The originality of the work consists of the
critical observation and also the pr oposals of lege fere nda which covers both the Romanian special law and
also the European legislative act. At the same time the critical observations are useful not only for Romanian
legislator who intends to supplement and modify the special law, but also for our doctrine.
Keywords: Romanian legislator; European Union; European arrest warrant; Romanian judicial authorities
1. Preliminary Considerations. The Need and Importance of the European Arrest
Warrant in the Complex Activity of Crime Fighting and Prevention in the European
Union
The transboundary crime fighting and prevention is a constant preoccupation of states with democratic
political regimes around the world since ancient times.
The experience in this field for each state of the world has demonstrated with observable arguments
that transboundary crime fighting and prevention with all its forms of expression can only be achieved
under the conditions of adopting a new coherent legislation in the domain, and also the intensification
and diversification of forms of international judicial cooperation in penal matters.

To continue reading

REQUEST YOUR TRIAL