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

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.