Ciprian Vasile Radu: model sau exemplu negativ al întrebărilor preliminare?
Ciprian Vasile Radu: a positive or a negative example of a request for a preliminary ruling?

Summary/Abstract: The Framework Decision on the European arrest warrant and the surrender procedures between Member States was the first concrete measure in the field of criminal law that implemented the principle of mutual recognition, introducing a new simplified system of surrender of sentenced or suspected persons. However, the Framework Decision serves only as a general outline, as it is shaped by national legislators and the judicial authorities that apply it. The Court of Justice of the European Union plays an important role in clarifying and interpreting the Framework Decision through the cases that are brought to its attention in the preliminary ruling procedures. The present study focuses on the case of Ciprian Vasile Radu, in which the Court of Justice of the European Union was, in summary, asked to determine the extent to which Member States are required to take into account fundamental rights when they consider executing a European arrest warrant. The aim of this study is to examine whether or not the role of the Court of Justice of the European Union in interpreting European law and preventing a divergent jurisprudence within the Union was properly fulfilled, and what were the contributing factors. Following the presentation of some aspects regarding the circumstances in which the preliminary reference was made by the Romanian judicial authority, the author analyses the extent to which the form and content of the reference complies with the European legislation. Furthermore, taking into consideration the answer that was given by the Court to four of the questions addressed, the author discusses the Courts tendency towards reformulating the questions referred. A distinct section is dedicated to the issue of whether the judicial authority from the executing Member State can refuse to execute a warrant when infringements of the requested person’s human rights are in issue, along with the Court of Justice’s case-law on the matter. In the end, the author portrays the effects of the preliminary ruling for the main proceedings and its overall utility. As the study will illustrate, on the one hand, the case of Ciprian Vasile Radu is an example of the importance of a proper dialogue between the Member States and the Court of Justice in ensuring a preliminary ruling that will be useful for the Member States, and on the other hand, it will put into question the Court’s ability of achieving its role in insuring a unitary interpretation and application of the law within the Union.

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