Problems and Dilemmas Between Extradition and the European Arrest Warrant

Abstract

The enlargement of the European Union, through the initiation of accession negotiations starting in 2022 with several states—Montenegro, Serbia, Albania, and North Macedonia, Bosnia and Herzegovina, and later, in the current international context, with Moldova and Ukraine—represents a necessary and significant Union policy instrument for promoting political, economic, and social reforms, as well as for creating a space of security, stability, and democracy on the European continent. Even though we will tangentially address issues related to the respect for European values and the procedure for a new state's accession to the European Union, as enshrined in Articles 2 and 49 of the Treaty on European Union, our theoretical approach will focus on the European path through the lens of the challenges and realities that necessitate the intensification of forms of international cooperation in criminal matters. The concept of European security is inextricably linked to ensuring a space of freedom, security, and justice, and the creation of this common area can be effectively achieved through the use of various forms of international judicial assistance in criminal matters. In our theoretical research, we aim to provide a concise analysis of extradition and the European Arrest Warrant as forms of international cooperation in criminal matters. This is particularly relevant given that extradition is applied as a judicial cooperation instrument in relations with the aforementioned states, while the European Arrest Warrant is used in relations with EU member states. At the same time, as a particular case study, considering the current context, we aim to address several questions regarding the necessity of implementing Union provisions through the adoption of the EU acquis. Additionally, we will examine the evolution of European regulations in the context of enlargement, which must be as predictable as possible, characterized by speed and timeliness, with a strong emphasis on standards for the protection of fundamental human rights.    

Received: 20 April 2025 / Accepted: 16 June 2025 / Published: 25 June 2025