Fiches Belges

Yes. The Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States is implemented by Title III of the Law no. 302/2004 on international judicial cooperation in criminal matters (Articles 84 to 124)

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

Prosecution Office of the Courts of Appeal under whose jurisdiction the requested person was located. If the location of the requested person is not known, the European Arrest Warrant shall be sent to the Prosecutor’s Office of Court of Appeals of Bucharest or to the Ministry of Justice. The Courts of Appeal are the competent authorities to recognize the measure.

Romanian, English, French. Reciprocity may apply When Romania is the issuing state, the translation will be sent within the deadline indicated by the executing state, as provided in its legislation. When Romania is the executing state, the prosecutor who receives an EAW must request a translation in 48 hours after the receipt. When the person is arrested based on the SIS alert, the translated EAW must be provided within 10 days. Romania accepts transmission of EAW translations via SIS.

The European Arrest Warrant shall be solved and executed in emergency procedure. The decision on the execution of the European Arrest Warrant shall be rendered no later than 10 days after the court hearing date during which the requested person expressed his/her consent to be surrendered. In all other cases, the final decision concerning the execution of the European Arrest Warrant shall be rendered within 60 days after the requested person was arrested. When, for justified reasons, a decision cannot be handed down within the time limits mentioned in the previous paragraphs, the court may postpone the handing down for 30 days, while announcing this to the issuing judicial authority, together with the grounds for postponement and while maintaining the measures necessary in view of surrender.

The European Arrest Warrant shall be delivered by the issuing state directly to the competent Prosecution Office of the Court of Appeal within no more than 48 hours after the person sought was arrested. Surrender is performed by the Center for International Police Co-operation within the Romanian General Police Inspectorate, with the support of the police precincts under whose jurisdiction the detention place is located, within 10 days after the surrendering decision became final. For approval of transit of a person in Romanian territory in view of executing a European Arrest Warrant, the Issuing State must submit a request to the Ministry of Justice. Romanian law does not provide an option for surrender also for accessory offences in the framework of EAW proceedings.