Mandatul european de arestare şi conflictul latent dintre autorităţile judiciare europene: implicaţii ale hotărârii CJUE în cauza C-305/22 asupra încrederii reciproce şi legislaţiei române
The European arrest warrant and the latent conflict between European judicial authorities: Implications of the CJEU judgment in Case C 305/22 on mutual trust and Romanian legislation

Summary/Abstract: The CJEU judgement in Case C 305/22 regarding the European arrest warrant seeks to solve a latent conflict between the European judicial authorities, caused by the unpredictability of surrender decisions, by requiring the issuing State’s consent for the executing State to enforce the sentence itself. While the judgement is rooted in the phenomena of forum shopping and erosion of the principle of mutual trust, it fails to block other grounds for refusal, some even established by the CJEU itself in previous judgements, compromising its practical utility. At the domestic level, the Romanian law on the matter fails to stand up to clarity and foreseeability standards, illustrating the lack of a coherent national criminal policy, resulting in a worsening of the offender’s prospects of rehabilitation.

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