The difficulties of European judicial cooperation within the in absentia trials

  • Diana-Andreea Ardelean Faculty of Law, Babeș-Bolyai University, Cluj-Napoca
Keywords: in absentia trial, judicial cooperation, European arrest warrant, ground for optional refusal


A concern at the European level in recent years has been the attempt to increase mutual trust between Member States, in order to streamline the surrender system of those who have been convicted in other states, and therefore, judicial cooperation. This article aims to analyse the problems that arose from the application of the European Arrest Warrant regulations in the case of trials conducted in the absence of the convicted person.

To begin with, this paper starts by discussing the general framework of the institution, so that the analysis of the problematic aspects is as clear as possible. The main issues examined concern Article 4a of Framework Decision 2009/299/JHA, namely the optional reason for non-execution of the European arrest warrant issued following a trial conducted in absentia.

In the light of the previously analysed aspects, the final section of the study is focused on an examination on the possibility of such a process to be held in Romania as well.