Unele critici privind actuala reglementare a mandatului european de arestare
Some Criticism regarding the European Arrest Warrant

Summary/Abstract: The purpose of the present research paper is not necessarily to examine the whole matter of the European arrest warrant, but only to emphasize those specific problems arising in practice with the application of this institution. The structure of this scientific approach is represented by a detailed criticism of the current rules on the European arrest warrant in view of the European Commission reports over the implementation of the Framework Decision revealing flaws in the functioning of the system, despite an overall positive examination. Therefore, the main topics addressed in this paper, aims to analyse the method in which the European Arrest Warrant is executed, starting from the analysis that should play grounds for refusal, up to measures that can be taken to implement it. The European Arrest Warrant has reduced the duration of surrender procedures between member states, facilitated the free movement of persons within the European Union and contributed in fighting cross-border crime. However, the automatic mutual recognition underlining the European Area of Justice, Freedom and Security is currently being questioned by concerns about the differences in fundamental rights protection between member states. For instance, studies have shown that there is a different level of protection of procedural rights among the member states and that some judicial authorities do not apply any proportionality test before issuing an European arrest warrant, which leads to European arrest warrants being issued for minor offences. As a consequence, the European arrest warrant Framework Decision has been implemented in diverse ways by the member states. Several initiatives at European Union level are designed to ensure a more homogenous execution across the European Union. Some legislative measures have been taken in order to reinforce mutual trust between member states.

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