PARTICULARITÃŢILE EXECUTÃRII MANDATULUI EUROPEAN DE ARESTARE ÎN CAZUL INFRACŢIUNILOR TRANSFRONTALIERE

The establishment of the European arrest warrant at the European Union level, which actually replaced extradition, is, without any doubt, an important success of the Member States in the fight against cross-border crime. The execution of a European arrest warrant by the relevant Romanian judicial authorities, in the case of cross-border crimes, involves several specificities of this type of crimes, with direct implications over the entire European judicial system. The specificities identified by the authors in the paper include the execution of the mandate, even when the double crime condition is not fulfilled, the possibility of the Romanian competent courts to order the execution of a European arrest warrant, even when the crime for which the execution is demanded does not have the same name as in Romanian, the possibility of the relevant Romanian court to order the execution of the European arrest warrant, even if the crime for which such execution is requested is not provided by the Romanian law, but the content of the crime provided by the Member State law has similarities with a crime provided by our legislation etc. The analysis also revealed certain aspects related to the need to amend and supplement the special law (and the European piece of legislation) that should in line with the European legislation in the field.