THE EUROPEAN ARREST WARRANT AND THE HUMAN RIGHTS
THE EUROPEAN ARREST WARRANT AND THE HUMAN RIGHTS

Summary/Abstract: In this article we proposed to mainly analyze the institution of the European Arrest Warrant, and its implications on the right of individual liberty, taking into account the procedure regulated by the Council of European Union Framework Decision 2002/584/JHA of June 13th 2002. In the first part we present the context in which the framework decision was adopted, with a special focus on the purpose of this instrument, that has been conceived in order to replace the existent and old extradition system of the member states, requiring that each national judicial authority with an executory role recognize the surrender request of another member state. In the same time, this instrument, that always implies the arrest of a suspect or of a condamned person, is able to prejudice the right to individual liberty, a risk that has been proved to be real in the entire period since 2004, the year of entering into force of the European decision on the European Arrest Warrant. This is the reason for what we proposed to analyze the limits and the guarantees of the right to individual liberty contained by the Decision 2002/584/JHA and also in the national regulations, with a special focus on the Romanian legal approach by the Law no. 302/2004, concerning the international judicial cooperation in criminal matters.

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