Limitele aprecierii autorității de executare a unui mandat european de arestare asupra respectării dreptului la un proces echitabil
The limits of assessment of the executing judicial authority of a European Arrest Warrant regarding the right to a fair trial

Summary/Abstract: Respect for fundamental rights and freedoms represents a common value of all member states of the European Union, and in view of the principle of mutual trust between them, it is presumed in abstracto in the context of international judicial cooperation in criminal matters. However, the Court of Justice of the European Union has noticed that such trust is not automatic, but can be subject to in concreto examinations by the authorities of the requested state in the presence of serious and well-founded reasons to believe that fundamental rights and freedoms have been violated. This article examines, by reference to the case law of the Court of Justice of the European Union, a situation in which the execution of a European Arrest Warrant issued by the Romanian authorities was refused due to the finding by the judicial authorities of the issuing state that the right to a fair trial was not respected during the criminal proceedings conducted in Romania. Thus, judicial practice demonstrates that the principle of mutual trust, the cornerstone of international judicial cooperation, does not have an automatic character, making the need for verifications not only justified but also a necessity in cases where there is a plausible risk of violation of fundamental rights and freedoms of individuals.

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