Execution by the Romanian authorities of the European Arrest Warrant. Delayed surrender of the requested person. The possibility for the court referred with the execution of the European Arrest Warrant to order postponement of the surrender of the request
DREPT PENAL ŞI DREPT PROCESUAL PENAL
Abstract
It follows from all the provisions of Articles 97-114 of Law No 302/2004 republished, that after the surrender decision has become final, the Romanian authority executing the European arrest warrant has no possibility of reversing the surrender decision by reconsidering a new mandatory or optional ground for refusal to execute or a case of postponement of surrender.
These grounds can only be examined in the initial procedure for the execution of the warrant, in this regard being the provisions of Articles 58 and 98-99 of Law No 302/2004 republished.
In this context, it appears impossible to order a further postponement of the surrender of the requested person, pursuant to Article 58(1) of Law no. 302/2004, republished, given that the cause for postponement of surrender arose after the surrender judgment had become final.
Otherwise, it could be considered that the enforcement court substitutes itself for the judge referred with the execution of the warrant, adding to the law.
Moreover, in this way, by committing further offences to be investigated, the requested person would postpone his surrender whenever he wishes, although this is clearly not the legislator's reasoning.
