EIRP Proceedings, Vol 5 (2010)

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 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 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 criminal matters, with subsequent amendments, the modifying normative act has not been transposed into national law. The research conducted on the depositions of special law and of the European normative act, and especially on their implications in the internal and European judiciary practice, demonstrates the existence of some incomplete stipulations, secures the workability of the issuing, transmission and identification, trapping 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 privative of freedom measure, a situation which leads directly to the non execution of the minors of such sanctions. The originality of the work consists in the critical observation and also the proposals of lege ferenda which covers both the Romanian special law and also the European normative 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.