Consideraţii teoretice şi practice privind cazurile de amânare a predării persoanei solicitate, incidente în materia mandatului european de arestare
Theoretical and practical considerations regarding the cases of postponing the surrender of the requested person, incidents in the matter of the European arrest warrant

Summary/Abstract: The present study aims to analyse an aspect of interest in the matter of the European arrest warrant, which constantly raises new situations in practice, namely the possibility that the executing judicial authority has to postpone the surrender of the requested person. In order to provide a more complex perspective, each of the four cases of postponed surrender regulated by the provisions of Law no. 302/2004 is addressed in a particular way, with reference to relevant case-law. First of all, it is analyzed the case where the requested person is prosecuted or judged by the Romanian judicial authorities, in relation to the legislative evolution by referring to the legislator's oscillation between the optional and mandatory nature of the postponed surrender based on this reason, to the way in which this case can operate, depending on the moment at which it intervenes and to the possibility of the issuing judicial authority to request temporary surrender. Secondly, reference is made to the case where it is established, on the basis of a medico-legal expertise, that the requested person suffers from a serious illness that makes immediate surrender impossible, arguing why, in the hypothesis in which the postponement is requested on this basis, carrying out the expertise is mandatory, and thirdly, the case where the requested person is pregnant or has a child under one year old is analyzed. Fourthly, the case where, due to special circumstances, the immediate surrender would have serious consequences for the requested person or his family is presented, also by comparison with the temporary postponement of the surrender.

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