Extradition from Germany to Romania is primarily facilitated through the European Arrest Warrant (EAW). In 2021, Germany received 176 extradition requests from Romania, making it one of the most frequent sources of extradition requests that year. The most common grounds included theft, fraud, and property damage, though cases involving drug crimes, human trafficking, forgery, and sexual offenses were also recorded. Romania has been an EU member state since 2004, and extradition proceedings are therefore governed by the EAW framework. A successful defense requires longstanding experience with European authorities and specialized expertise in extradition law.

At Schlun & Elseven Rechtsanwälte, our extradition lawyers specialize in defending clients against extradition within the European Union and globally. We handle every case with the utmost care and attention to the short deadlines that apply in extradition proceedings. If you or someone close to you is facing extradition from Germany to Romania, contact us without delay.

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.

A significant feature of the EAW framework is that extradition may be granted even where the conduct in question does not constitute a criminal offense under German law, provided the offense falls within the 32 categories listed in the EAW Framework Decision for which double criminality is not required. These include:

• Involvement in a criminal organization
• Terrorism
• Human trafficking
• Aiding and abetting illegal entry and residence
• Corruption

A European Arrest Warrant must be issued by the competent judicial authority of the requesting member state. It must include the identity and nationality of the person sought, a description of the offense and the circumstances in which it is alleged to have occurred, the degree of participation attributed to the individual, and the maximum penalties applicable. The offense must furthermore be punishable by a maximum sentence of at least one year of imprisonment to meet the minimum threshold set out in the EAW Framework Decision.

The extradition of German nationals to Romania is subject to specific requirements. Two cumulative conditions must be met:

• The requesting state must guarantee that the person will be transferred back to Germany to serve their sentence upon request, meaning that while the trial and sentencing take place in Romania, the sentence itself is served in Germany.
• A relevant connection between the offense and Romania must exist. This is established where the offense was committed wholly or substantially on Romanian territory or where the result of the offense occurred there, at least in significant part.

Several legal grounds exist on which extradition from Germany to Romania can be challenged or refused. Our extradition lawyers will assess which of these grounds apply to your case and advise you on the strongest available course of action.

• Amnesty: The offense is covered by amnesty in the executing state.
• Lack of dual criminality: The offense does not constitute a crime in both states, applicable to offenses outside the 32 categories listed in the EAW Framework Decision.
• Double jeopardy: The person has already been convicted or acquitted for the same offense.
• Judgment in absentia: The accused did not personally attend their criminal hearing.
• Lack of criminal responsibility: The person is not criminally responsible under German criminal law.
• Life imprisonment: The threatened sentence is life imprisonment.
• Minority: The person has not reached the age of criminal responsibility in the executing state.
• Parallel criminal proceedings: Criminal proceedings for the same conduct are already underway in Germany.
• Statute of limitations: The prosecution is already time-barred under the regulations of the executing state.

Detention conditions in Romania have been the subject of significant legal proceedings and international scrutiny. In a 2020 ruling, the German Constitutional Court found that extradition to Romania would violate Article 4 of the EU Charter of Fundamental Rights due to inadequate prison conditions, including cell spaces of under 3 square meters per inmate. Furthermore, the UN Committee against Torture released its third periodic report on Romania in 2023, identifying the following ongoing concerns:

• Prison cell spaces offering as little as 2 square meters per inmate
• Bed bug infestations
• Lack of psychiatric services
• Absence of hot water and heating in winter
• Inadequate hygiene and cleaning products

Where such conditions can be substantiated, they may constitute a serious obstacle to extradition under both German and European human rights law. Our extradition lawyers will assess whether detention conditions in Romania are relevant to your case and pursue all available grounds for refusal on your behalf.

Extradition from Germany to Romania is a legally complex matter that requires swift and experienced legal intervention. Our extradition lawyers will analyze your case in detail, examine the grounds on which the European Arrest Warrant can be challenged, and represent you effectively at every stage of the proceedings. Where an Interpol Red Notice from Romania has been issued against you, we will additionally work towards its removal, protecting your freedom of movement and preventing extradition proceedings from advancing. Time is critical in extradition cases. Contact us now for immediate and confidential legal advice.