{"id":6690,"date":"2026-03-07T11:56:54","date_gmt":"2026-03-07T11:56:54","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6690"},"modified":"2026-10-31T13:52:59","modified_gmt":"2026-10-31T13:52:59","slug":"european-arrest-warrant-procedure-effects-and-what-to-do-if-your-extradition-is-requested","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/mandatul-european-de-arestare-procedura-efecte-si-ce-faci-daca-e-ceruta-predarea-ta\/","title":{"rendered":"European Arrest Warrant: rights, deadlines and surrender"},"content":{"rendered":"

European Arrest Warrant (EAW)<\/strong> It is the procedure by which a member state of the European Union requests another state to arrest and hand over a person for criminal investigation prosecution, trial, or the execution of a sentence. If you are detained in Romania under an EAW, the procedure takes place in front of a court with the right to an attorney and an interpreter. The consent to surrender and the reasons for refusal must be analyzed before making a decision.<\/p>\n

When can a European arrest warrant be issued?<\/h2>\n

Framework Decision 2002\/584\/JHA allows the issuance of an EAW for criminal investigation prosecution when the act is sanctioned in the issuing state with a prison sentence of at least 12 months. If there is already a conviction, the imposed sentence must be at least 4 months. For the 32 categories of offenses covered by the decision, such as terrorism or human trafficking, double incrimination is not checked if the threshold of punishment provided by EU law is met.<\/p>\n

These European thresholds should not be confused with the conditions provided for by Romanian law for the issuance of a warrant by the Romanian authorities: for criminal investigation prosecution or trial, the law indicates a punishment of at least 2 years, and for the execution of a sentence \u2014 a punishment imposed or a remainder of punishment of at least one year. For an act outside the list of the 32, the executing state can verify whether it constitutes a crime and according to its own law.<\/p>\n

What happens if you are arrested in Romania<\/h2>\n

The authorities verify the identity, communicate the warrant or the reason for the detention and bring you before the competent court. The court verifies the procedure and the legal conditions for execution; the case does not re-evaluate the guilt for the act investigated in the issuing state.<\/p>\n

You have the right to an attorney and an interpreter. You can designate an attorney in the issuing state as well; the attorney in Romania can communicate directly and confidentially with them to coordinate the defense. Request to receive information about the offense, the purpose of the warrant, and the possible consequences of consent in a language you understand.<\/p>\n

Consent to surrender and deadlines of the procedure<\/h2>\n

You can consent to the surrender or you can request that the court examine the legal grounds for refusal. Consent is, in principle, irrevocable. Do not give it just to speed up the procedure: first ask the lawyer to explain the effects on the purpose of the warrant, the other files and the rules of the specialty.<\/p>\n

In Romania, if the person consents, the decision on the execution of the warrant must be rendered no later than 10 days from the time the deadline for the judgment at which the person expressed their consent expires. In other cases, the deadline is 60 days from the arrest. For justified reasons, the court may postpone the decision by up to 30 days and inform the issuing authority. The surrender usually takes place within 10 days of the final decision; the law provides for exceptions for serious objective or humanitarian reasons.<\/p>\n

Reasons for refusal and guarantees for fundamental rights<\/h2>\n

Law no. 302\/2004 distinguishes between mandatory and optional grounds for refusal. Among the mandatory grounds are, under the conditions provided by law, the amnesty applicable in Romania, a final judgment for the same acts and the absence of criminal liability due to age. The optional grounds may include, depending on the situation, a criminal procedure in Romania for the same acts, certain situations of double incrimination, territorial jurisdiction, or a relevant previous judgment. The list and conditions are technical; a ground does not apply automatically simply because it is invoked.<\/p>\n

The risk of inhuman or degrading treatment in detention conditions is not an automatic reason for refusal. According to the CJEU case law in the cases Aranyosi and C\u0103ld\u0103raru<\/em>, The authority must analyze objective evidence of deficiencies in the conditions of detention and verify whether there are serious reasons to believe that the person concerned would be exposed to a real risk. Information or individual guarantees may be requested; the surrender can be postponed, and the procedure can be reassessed if the risk cannot be eliminated.<\/p>\n

A warrant issued for the execution of an imprisonment sentence may raise the issue of guarantees regarding retrial. The law allows surrender under certain conditions, for example if the issuing state guarantees that the person can obtain a retrial in their presence. Medical or other serious humanitarian reasons may justify postponing surrender, but do not automatically equate to a final refusal of the warrant.<\/p>\n

Citizens and residents of Romania<\/h2>\n

Being a Romanian citizen or resident does not automatically block extradition. For an EAW issued for criminal prosecution or judicial proceedings, Romanian law provides, under certain conditions \u2014 including for Romanian citizens or persons with legal permanent residence for at least 5 years \u2014 that if a sentence of imprisonment is imposed, the person may be transferred to Romania for execution. For an EAW issued for the execution of a sentence, there are separate rules regarding residence, consent, and execution; the analysis must be made in relation to exactly what the issuing state requests.<\/p>\n

The specialty rule and the checklist<\/h2>\n

In principle, after the surrender, the issuing state cannot prosecute, judge or deprive a person of liberty for other acts than those in the warrant, without the consent of the executing state. The framework decision provides for exceptions; therefore, the exact purpose of the warrant and the situation of each charge must be verified.<\/p>\n