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MAE: Recent CJEU ruling, in line with position expressed by Romanian state
The recent ruling by the Court of Justice of the European Union (CJEU) is in line with the position expressed by the Romanian state and creates the conditions for the execution of European arrest warrants, the Ministry of Foreign Affairs (MAE) informs.
In this context, executing member states will no longer be able to take over the enforcement of a sentence imposed in the absence of the consent of the issuing member state of the respective warrant.
The CJEU ruled on Thursday that judicial authorities in the member state refusing to execute a European arrest warrant, in favour of having the sentence served on their own territory, must obtain consent from the courts of the issuing member state for taking over the execution of the sentence pronounced in the latter state.
This consent requires the transmission of the conviction decision by the issuing state to the executing state, accompanied by a certificate. Without this consent, the conditions for a transfer of execution are not met, and the person concerned must be surrendered.
Thus, the objective of increasing social reintegration prospects is not absolute and must be reconciled with the essential rule that 'member states shall execute any European arrest warrant.'
Taking into account the different functions of punishment in society, the courts of the member state where a person has been sentenced to a custodial penalty may legitimately rely on domestic criminal policy arguments to justify enforcement of the sentence on their own territory. Consequently, they may refuse to transmit the conviction decision and certificate for enforcement in another member state.
If the refusal to execute a European arrest warrant occurred in violation of essential conditions and procedures under EU law, the warrant remains valid, and the issuing state retains the right to enforce the sentence on its own territory, according to the MAE press release.
Romania was represented before the CJEU by the Ministry of Foreign Affairs, through the Government Agent for the Court of Justice of the European Union, alongside the EU Litigation Service. The Romanian Ministry of Justice is the relevant government institution in the area covered by this case.
In 2017, a Romanian citizen was convicted by the Bucharest Court of Appeal, with the prison sentence becoming final on 10 November 2020. On 25 November 2020, the court issued a European arrest warrant for the enforcement of that conviction. On 29 December 2020, the person was arrested in Italy. However, the Italian judicial authorities refused to surrender the individual to the Romanian authorities. Instead, they decided to recognise the Romanian conviction and to take over the enforcement of the sentence in Italy, arguing that doing so would increase the chances of social reintegration for the person, who was legally and effectively residing in Italy.
In its ruling, the Court of Justice first recalled that the European arrest warrant is based on the principle of mutual trust, and that refusal to execute it is an exception that must always be interpreted strictly.
The Ministry of Justice also states that the recent decision of the Court of Justice of the European Union (CJEU) regarding fugitives trying to escape convictions has a "significant impact on the matter of the European arrest warrant" and represents a success for the Romanian authorities.
"In essence, the decision establishes the obligation of the courts of the Member States of the European Union to obtain the consent of the issuing state of the European arrest warrant, before ordering the execution of the sentence on their territory, in the event of refusal to surrender the persons sought.
From a legal point of view, the CJEU decision represents a success for the Romanian authorities, the operative part of the decision reflecting the position expressed by Romania before the court, both in the written observations and in the hearing of the pleads. The arguments supported by the Romanian Government before the CJEU were prepared by the Ministry of Justice since 2023," a press release sent by the ministry on Friday reads.
The Ministry of Justice adds that, by getting involved in this case, it "reconfirms its role in defending the administration of justice and the rule of law."
"The solid and professional representation of the Ministry of Justice, through the International Law and Judicial Cooperation Directorates, and the European Affairs and Human Rights Directorate, was confirmed by the CJEU Agent taking over the defenses formulated by the experts of the Ministry of Justice. A representative of the Ministry of Justice accompanied the CJEU Agent from the Ministry of Foreign Affairs before the Court of Luxembourg each time, in order to support each plea of the Romanian state, in the sphere of judicial cooperation, in criminal matters. The Ministry of Justice, through this involvement, reconfirms its role of defending the administration of justice and defending the rule of law, both at national and European level", the said press release also informs.