In 2021, Germany received 176 extradition requests from Romania. The most common offences in this regard were theft, fraud, and criminal damage. However, there were also cases of drug crimes, human trafficking, forgery, and sex crimes. Extradition to Romania, a Member State of the European Union since 2004, is based on the European Arrest Warrant. A successful defence against a European Arrest Warrant requires longstanding experience in dealing with European authorities and particular expertise in extradition law. Contact us now if you or a loved one are faced with a European Arrest Warrant. Our extradition law team specializes in defending clients prior to extradition, and they make sure your case is handled with the utmost care and consideration.

The European Arrest Warrant’s (EAW) primary purpose is to simplify the enforcement of a national arrest warrant within another European Union member state, thus replacing the lengthy extradition proceedings that formerly existed between member states. It is the most successful tool of judicial cooperation regarding criminal matters in the EU. It has led to the arrest of countless suspects, including terrorists, bombers, serial killers, drug smugglers, and frenzied attackers.

The EAW’s objective is to ensure that the open borders in the European Union are not misused to evade justice. It is mainly characterised by the principle of mutual recognition between member states, assuming that other member states will comply with the requirements for an EAW. This principle allows the courts processing extradition requests to assume, to a certain degree, that the requesting states adhere to the European Charter of Human Rights. Furthermore, this impedes the defence against an EAW and makes the support of experienced extradition lawyers essential.

Noteworthy is, that extradition after an EAW is permissible even if the suspect’s doing is not deemed a criminal offence under the law of the requested country, provided the crime is on a list of 32 offences in the framework decision of the EAW that do not require double criminality. The list includes:

• involvement in a criminal organisation,
• terrorism,
• human trafficking,
• aiding and abetting illegal entry and residence
• and corruption.

The competent judicial authority of the member state must issue the EAW. It needs to include the identity of the person sought, their nationality and a description of the offence, the circumstances in which it is suspected to have happened, the degree of participation, and the maximum penalties for the offence. The offence must be punishable by imprisonment for a maximum period of at least one year to meet the minimum threshold laid down by the EAW Framework Decision.  

According to § 80 of the Act on International Mutual Assistance in Criminal Matters (IRG), the extradition of a German national to Romania requires: 

• That merely the trial and the passing of judgment may take place in Romania, or the respective member state and that the person being prosecuted must be transferred back to Germany at their request for the execution of the sentence, 
• And that there must be a significant connection between the crime and the requesting member state, herein Romania. This means that the suspected act must have occurred in Romania, or the outcome of the crime must have occurred there to a substantial extent.  

 Grounds for refusal to execute a European Arrest Warrant are:   

• The offence is covered by Amnesty. 
• Dual criminality: Except for the 32 offences explicitly listed in the Framework Decision, the offence must be a crime in both states.  
• Double jeopardy: The arrested person has already been judged for the same offence. 
• The suspect has been judged in absentia.  
• Incapacity: The persecuted person is not criminally responsible.  
• The prospect of Life imprisonment.  
• Minority: The person has not yet reached the age of criminal responsibility in the executing country.  
• Pending criminal proceedings in the executing country for the same acts.  
• Statute of limitations: The prosecution is already time-barred.  

The conditions of detention in Romania have been subject to several court proceedings. In a recent case from 2020, the German Constitutional Court decided that the extradition of the appellants would violate Article 4 of the EU Charter of Fundamental Rights because of the poor conditions in Romanian prisons, such as prison cell spaces under 3m² per inmate. The Committee against Torture of the United Nations also released their third periodic report of Romania in 2023, stating that the prison system still suffers from over-crowding and additionally reported:

• small prison cell spaces that only offered 2² of space,
• bed bug infestations
• lack of psychiatric services
• lack of hot water and heating in winter and
• inadequate amounts of hygiene and cleaning products.

Our extradition lawyers have frequently worked on legally complex cases and have extensive experience dealing with European Arrest Warrants. We are by your side to represent you during these challenging times. Our approach is to analyse your case in detail and examine on what grounds the warrant can be challenged. Our team is also aware of how time-sensitive defending against extradition is. Please do not hesitate to contact us for timely legal advice.