European arrest warrant. Optional reason for refusal. Criteria and benchmarks according to which the court rules on the execution

Abstract

The competent judicial authority in Romania can refuse the execution of an European arrest warrant, if it has been issued (during the prosecution) for offenses which, according to Romanian criminal law, are committed on the territory of Romania. However, the incidence of an optional reason for refusal does not by itself preclude the execution. All the circumstances of the case must be examined.

The phrase "circumstances of the case" implies various criteria according to which the court rules on the execution of the European arrest warrant. Such a criterion is the place where the prosecution has a better contribution to the resolution of the conflict criminal legal report in its entirety and where the principle of finding the truth is better respected. This place may be located in the requesting State, when the execution is ordered, or in the requested State, when the execution is refused.

If the prosecution is carried out in both States, the choice must be made according to benchmarks such as: the State in which there is a bigger certainty that the entire criminal activity will be investigated; the State in which the prosecution is at a more advanced stage; the State in which the evidence is more easily administered.