MANDATUL EUROPEAN DE ARESTARE. MOTIVE DE NEEXECUTARE FACULTATIVĂ
EUROPEAN ARREST WARRANT. DISCRETIONARY GROUNDS FOR REFUSAL OF EXECUTION

Summary/Abstract: Creating an area of freedom, security and justice at the European Union level is a strategic objective of major importance for both Member States and their citizens. However,achieving this goal depends on effective cooperation between states in criminal proceedings, which requires efforts to harmonize criminal and procedural regulations, consistent administrative procedures and joint actions, all with a view to preventing and combating crime in order to offer European citizens a high level of protection within the Community.In this context, judicial cooperation in criminal matters is considered to be one of the main foundations of the European Union and it's put into practice through a system of principles and rules that make it possible to hand over criminals who've fled to other countries to avoid prosecution,trial or punishment to the state in whose territory they committed the crime in order to be held criminally liable.One of the basic coordinates of judicial cooperation in criminal matters is the extradition procedure, whereby a requested state agrees to surrender a person who is on its territory and who is being prosecuted, convicted or wanted for the purpose of serving a sentence to another requestingstate.The legislator has tried to find ways to speed up the extradition process by introducing a new simplified system for the surrender of persons who have been finally convicted and are trying to evade criminal responsibility. This approach resulted in the adoption of the Council Framework Decision of 13th June 2002 on the arrest warrant and surrender procedures between Member States,which reorganizes the law on extradition, simplifying and speeding up the surrender process of wanted or convicted persons between judicial authorities and creating a system of free movement of judicial decisions in criminal matters. However, the surrender of a person subject to a European arrest warrant may be refused by the executing state, which may invoke reasons for non-mandatory execution of the warrant or reasons for optional non-execution of the European arrest warrant in support of its refusal to surrender.Keywords: extradition, European arrest warrant, issuing state, executing state, grounds for mandatory non-execution, grounds for optional non-execution Creating an area of freedom, security and justice at the European Union level is a strategic objective of major importance for both Member States and their citizens. However, achieving this goal depends on effective cooperation between states in criminal proceedings, which requires efforts to harmonize criminal and procedural regulations, consistent administrative procedures and joint actions, all with a view to preventing and combating crime in order to offer European citizens a high level of protection within the Community. In this context, judicial cooperation in criminal matters is considered to be one of the main foundations of the European Union and it's put into practice through a system of principles and rules that make it possible to hand over criminals who've fled to other countries to avoid prosecution, trial or punishment to the state in whose territory they committed the crime in order to be held criminally liable. One of the basic coordinates of judicial cooperation in criminal matters is the extradition procedure, whereby a requested state agrees to surrender a person who is on its territory and who is being prosecuted, convicted or wanted for the purpose of serving a sentence to another requesting state. The legislator has tried to find ways to speed up the extradition process by introducing a new simplified system for the surrender of persons who have been finally convicted and are trying to evade criminal responsibility. This approach resulted in the adoption of the Council Framework Decision of 13th June 2002 on the arrest warrant and surrender procedures between Member States, which reorganizes the law on extradition, simplifying and speeding up the surrender process of wanted or convicted persons between judicial authorities and creating a system of free movement of judicial decisions in criminal matters. However, the surrender of a person subject to a European arrest warrant may be refused by the executing state, which may invoke reasons for non-mandatory execution of the warrant or reasons for optional non-execution of the European arrest warrant in support of its refusal to surrender.

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