Autor: Mihaela Pătrăuș

Publicat în: Revista Universul Juridic nr. 1/2021

Articol disponibil onlineaici.

Abstract: Art. 23 para. 3 of the Framework Decision 2002/584/JHA provides that in the situation where the surrender of the wanted person cannot be done within maximum 10 days from the date of the final decision on the execution of the European arrest warrant for reasons of force In each of the Member States, the executing judicial authority and the issuing judicial authority shall immediately contact each other and agree on a new date of surrender, in which case surrender shall take place within 10 days of the new agreed date.

European regulation was taken over in the internal legislation, through the provisions of art. 113 paragraph 2 of Law no. 302/2004 on international judicial cooperation in criminal matters, republished.

The non-unitary practice on this segment does not entitle us to claim that in cases of non-surrender of the requested person we have a problem from the perspective of the content of Framework Decision no. 2002/584/JHA, as amended, the impediments to the termination of international judicial cooperation in criminal matters when the European arrest warrant is used originating in the non-harmonization of certain common fundamental procedural rights and standards a coherent and clear vision of Union criminal law in relation to the current state of harmonization of procedural rights and fundamental rights in criminal matters.

Keywords: judicial cooperation, principle of mutual recognition, European arrest warrant,
case of force majeure, deadline for surrender.