Aspects related to the Delayed Surrender and to the Temporary Surrender of the Person based on the Admission of the Execution of a European Arrest Warrant

Abstract

Starting from January 1st, 2004, the provisions of the international agreements with bilateral or multilateral character regarding extradition have been replaced by the provisions regarding the European arrest warrant in the reports between the member states of the European Union, a simpler way to surrender those persons which try to evade from the justice act and to cooperate in the fight against the severe manifestations of transnational criminality. Within the surrender procedure, following to the admission of the request and to putting to execution the warrant, to the judicial authority of execution is acknowledged the right to delay the surrender of the wanted person, as well as the right to temporarily surrender that person to the issuing member state, in conditions which are going to be established by mutual agreement between the judicial authority of execution and the issuing authority. Regarding the latter possibility of temporary surrender, we consider that the Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States does not comprise a clear text, but one which leaves room for interpretation, aspect which I have presented in this study.