If you live elsewhere in the EU (or in the UK, Switzerland, or another state) and suddenly discover that Romania has issued a European Arrest Warrant (EAW) or is asking for your extradition, it can be terrifying. You may have left Romania years ago, you might not even know that there was a criminal file against you, and now you are told that you could be arrested and handed over to Romanian authorities.
This guide is written for EU residents and Romanian diaspora facing an EAW or extradition connected to alleged offences in Romania. It explains how the European Arrest Warrant system works and how Romania uses it, which types of Romanian cases commonly lead to EAWs, your rights in the country where you are arrested (the executing state), how Romanian criminal procedure looks behind the warrant, strategic defence arguments, how extradition works outside the EU when Romania asks a non-EU state to surrender you, and practical steps to take immediately if an EAW or extradition request surfaces.
Important: This is general information, not legal advice. EAW and extradition cases are time-sensitive and fact-specific. Always speak to both a local defence lawyer where you live and a Romanian criminal lawyer before making decisions.
What Is a European Arrest Warrant and How Romania Uses It
The European Arrest Warrant is an EU instrument that replaced classic extradition procedures between EU Member States. It is based on Council Framework Decision 2002/584/JHA and is implemented in all EU states since 2004.
According to the Framework Decision, an EAW is a judicial decision issued by a Member State for the arrest and surrender by another Member State of a requested person, for the purpose of criminal prosecution or executing a custodial sentence or detention order.
At EU level, the European Commission describes the EAW as a simplified cross-border judicial surrender procedure for prosecution or execution of a sentence, replacing classic extradition among EU states.
Romanian legal basis
Romania implements the EAW mainly through:
- Law no. 302/2004 on international judicial cooperation in criminal matters, which covers the EAW, extradition and other forms of cooperation.
- The Romanian Criminal Procedure Code, which governs criminal investigations, preventive measures (including arrest) and trial procedure.
Law 302/2004 designates the Ministry of Justice as the central authority for matters including extradition and the European Arrest Warrant and sets procedures and limits for judicial cooperation.
Who issues and executes EAWs in Romania?
Under Romanian law and Constitutional Court case-law:
- The judicial authorities competent to issue an EAW are courts of law (and, in some situations, prosecutors for pre-trial EAWs).
- The judicial authorities competent to execute EAWs, when Romania acts as executing state, are the courts of appeal.
Romania uses the EAW both to prosecute suspects and defendants who left Romania and are believed to be in another EU state, and to execute sentences against people who have already been convicted (often in their absence) and left before serving their sentence.
Unlike classic extradition, the EAW is designed to operate quickly and with minimal formalities, based on mutual recognition and mutual trust between judicial systems.
Typical Cases Leading to EAWs from Romania
In practice, Romanian EAWs cover a wide range of offences, but some patterns appear repeatedly.
Economic crime and fraud
The Framework Decision lists fraud, swindling, money laundering, corruption and participation in a criminal organisation among the 32 categories of offences for which double criminality does not have to be checked if they are punishable by at least three years in the issuing state. In Romanian practice, EAWs are often issued in relation to:
- tax fraud and VAT carousel schemes;
- EU funds fraud;
- large-scale embezzlement and corruption offences;
- organised economic crime such as fake invoices and cross-border fraud schemes.
Corruption and public office offences
Romania’s anti-corruption efforts have led to numerous criminal cases targeting public officials, businesspeople and intermediaries. Corruption is explicitly listed among the 32 EAW categories for which the executing state does not verify double criminality above the three-year threshold. When a defendant in a corruption case leaves Romania before or during trial, prosecutors and courts frequently resort to an EAW to secure their presence.
Driving offences and road traffic crime
Another cluster of Romanian EAWs involves serious driving offences, such as causing death or serious injury by reckless or drunk driving, driving while disqualified and repeated driving under the influence. These are not in the list of 32 categories, so double criminality is generally checked, but in practice that requirement is usually easily satisfied.
Failure to appear in court or to serve a sentence
Many EAWs from Romania concern people who were convicted and sentenced but left before serving their sentence, or who fled during trial and were later tried and sentenced in absentia. EU practice shows that a large share of EAWs are issued to enforce final sentences where the person is seen as fleeing justice rather than for new prosecutions.
Rights of the Requested Person in the Executing State
Even if the EAW comes from Romania, your first line of defence is in the country where you are arrested, known as the executing Member State. EU law and national law give you a set of rights there.
Right to a lawyer in both states
Under the EAW Framework Decision and subsequent EU fair-trial directives, a person arrested under an EAW has the right to be informed of the warrant and of the alleged facts in a language they understand, the right to a lawyer in the executing state and the right to interpretation and translation if they do not understand the local language.
Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European Arrest Warrant proceedings strengthens these rights and explicitly addresses the right to appoint a lawyer in the issuing state as well. Romanian law and practice allow you to instruct a Romanian defence lawyer in parallel with your local lawyer.
In practice:
- Your local defence lawyer argues the case in the executing court, for or against surrender.
- Your Romanian lawyer explains the status of the criminal file, checks whether the warrant is lawful and proportionate under Romanian law and prepares for a possible trial or retrial after surrender.
Right to challenge surrender: grounds for refusal or deferral
The executing court is not supposed to re-try your case, but it can refuse or postpone surrender in defined situations. The Framework Decision sets out mandatory and optional grounds for non-execution.
Mandatory non-execution examples include:
- Amnesty in the executing state for the offence, where that state had jurisdiction.
- The principle of ne bis in idem (double jeopardy) where you have already been finally judged for the same facts in an EU country and the sentence has been served or is in the process of being served.
- Being under the age of criminal responsibility in the executing state.
Optional non-execution examples include:
- The offence being statute-barred under the law of the executing state when that state had jurisdiction.
- The offence being considered to have been committed wholly or partly on the territory of the executing state (territoriality).
- Ongoing prosecution in the executing state for the same acts.
- A final judgment in a third state for the same acts.
On top of these grounds, the Court of Justice of the European Union has recognised human-rights-based limits. If there is solid evidence of a real risk of inhuman or degrading treatment, particularly due to prison conditions, execution of the EAW must be postponed or refused until adequate individual guarantees are obtained. This line of case-law began with the Aranyosi and Căldăraru judgments.
For Romania, human-rights arguments often focus on detention conditions:
- The European Court of Human Rights issued a pilot judgment in Rezmiveș and Others v. Romania in 2017, finding systemic problems with overcrowding and poor detention conditions.
- Reports by the European Committee for the Prevention of Torture (CPT) and a 2024 study for the EU Fundamental Rights Agency point out ongoing issues such as overcrowding, poor material conditions and insufficient sanitary facilities in several Romanian prisons.
Executing courts in some states now routinely ask Romania for individual guarantees on space per prisoner, access to healthcare and protection from ill-treatment before ordering surrender.
Romanian Criminal Procedure Behind the Warrant
To understand what an EAW means for you, you need to know where it comes from inside the Romanian criminal process.
Pre-trial proceedings and preventive measures
Under the Romanian Criminal Procedure Code, a criminal case usually goes through three main stages:
- Criminal investigation, led by prosecutors with the help of police.
- Pre-trial chamber, where the legality of the indictment and the investigation can be challenged.
- Trial, before a court, with evidence taken and a judgment delivered.
Romanian law allows preventive measures such as judicial control (a bail-like supervision measure), house arrest and pre-trial detention (arest preventiv) in particularly serious or flight-risk cases.
If the suspect or defendant leaves Romania or is believed to be hiding abroad, a national preventive arrest warrant can be issued. When authorities believe you are in another EU state, the Romanian court can then issue a European Arrest Warrant based on that national warrant.
Indictments and sentences in absentia
Romanian courts can proceed in your presence or in your absence, but trials in absentia are subject to strict preconditions. The court must be satisfied that you were properly summoned or that you deliberately absconded, and that your defence rights have been respected.
If you are convicted and sentenced in absentia and later arrested under an EAW, EU law imposes additional requirements. Framework Decision 2009/299/JHA, which amended the EAW decision, sets conditions for surrender where the underlying judgment was rendered in the person’s absence. In many situations the executing state needs to be satisfied that you will have the right to a new trial or an effective appeal in which you can be present and defend yourself.
Romanian law has been amended to reflect these EU requirements, and executing states frequently examine whether you had actual knowledge of the trial, whether you were defended by a lawyer of your choice or a court-appointed lawyer and whether Romanian law guarantees an effective retrial or appeal after surrender. Your Romanian lawyer’s job is to document these points and, where necessary, show that a fresh hearing or retrial is realistically available.
Strategy for Defending Against an EAW from Romania
Every case is different, but several defence themes recur in Romanian EAW cases.
Challenging proportionality, human rights, prison conditions and limitation periods
1. Proportionality
The EAW Framework Decision assumes that Member States will only issue EAWs where necessary, but it does not contain a strict EU-level proportionality test. Some Member States have introduced their own proportionality checks in national law and practice, and the European Commission has repeatedly encouraged proportional use of EAWs.
A common defence argument is that an EAW is disproportionate, for example where the alleged offence is minor and punishable only with a short sentence or a fine, where you have long-established family and private life in the executing state, or where less intrusive alternatives exist (such as videolink questioning, a European Investigation Order or a summons).
While executing courts are sometimes reluctant to refuse surrender solely on proportionality grounds, proportionality can influence the outcome, especially when combined with human-rights concerns, limitation arguments and strong family-life considerations.
2. Human rights and prison conditions
Execution of an EAW can be limited by Article 3 of the European Convention on Human Rights, which prohibits inhuman or degrading treatment, and by the corresponding provisions of the EU Charter. If there is strong, up-to-date evidence of a real risk of such treatment in Romanian prisons, the executing court must at least seek further information and individual assurances from the Romanian authorities.
Key elements here are:
- The ECtHR’s pilot judgment in Rezmiveș and Others v. Romania, finding structural problems in Romanian prisons (overcrowding, poor hygiene and inadequate conditions).
- Council of Europe CPT reports and the EU Fundamental Rights Agency’s 2024 report highlighting continuing issues in facilities such as Focșani, Ploiești and Mărgineni.
Defence strategy often includes collecting the latest CPT, FRA and ECtHR materials on Romanian prisons, asking for individual assurances about your cell space, prison allocation and access to healthcare, and arguing that surrender must be postponed or refused if the risk cannot be neutralised.
3. Statute of limitations
Under the Framework Decision, an executing state may refuse surrender if the offence is statute-barred under its own law and that state had jurisdiction over the case. At the same time, Romanian criminal law on prescription has changed several times in recent years following Constitutional Court decisions and legislative amendments.
Your local lawyer should check limitation rules in the executing state, while your Romanian lawyer should analyse prescription rules in Romanian law for the alleged offences and the relevant time periods. A credible limitation argument can be a powerful line of defence.
Coordinating defence between foreign and Romanian lawyers
A solid EAW defence is usually binational:
- In the executing state, your local lawyer addresses detention, bail, proportionality, ne bis in idem, human-rights risks, limitation and family-life arguments before the executing court.
- In Romania, your Romanian lawyer obtains and analyses the case file, clarifies whether there is a conviction, an indictment or merely an investigation, checks for procedural defects (defective service of summons, issues with proceedings in absentia), and prepares for negotiation or trial if surrender goes ahead.
The Ministry of Justice and the Prosecutor’s Office in Romania act as central authorities and channels for cooperation, but your defence is led by your lawyers, not by these institutions. Law 302/2004 clearly frames the Ministry of Justice as the central authority for EAWs, extradition and transfer of sentenced persons.
Your two defence teams should keep each other informed about deadlines in the executing procedure, the positions of the Romanian prosecutor and court, possible plea or sentence-adjustment options, limitation calculations and realistic sentencing scenarios.
Extradition Outside the EU: When Romania Seeks Extradition from Non-EU States
The European Arrest Warrant only works inside the EU. When a person is believed to be in a non-EU country (for example the UK after Brexit, the USA, Canada, Turkey, the UAE or elsewhere), Romania must use classic extradition mechanisms.
Legal framework
Extradition from or to Romania is governed by:
- Law no. 302/2004 on international judicial cooperation in criminal matters, which provides the general framework for extradition and other forms of cooperation.
- The Romanian Constitution and the Criminal Procedure Code.
- Multilateral and bilateral treaties, such as the European Convention on Extradition in the Council of Europe context, and specific bilateral extradition treaties with non-European states.
The Council of Europe’s materials on extradition confirm that the Ministry of Justice, through its Directorate for International Law and Judicial Cooperation, acts as Romania’s central authority for extradition.
A practical explanation of Romania’s extradition system notes that Romania applies extradition based on treaties and reciprocity and that the EAW has largely replaced extradition inside the EU, while extradition remains the tool for non-EU states.
Main differences from the EAW
Compared to the EAW, classic extradition is more political, slower and more formalistic. It relies on treaty-based grounds for refusal, such as political offences, military offences, nationality or double criminality, and many states reserve the right to refuse to extradite their own nationals. Human-rights objections (fair trial, prison conditions, risk of torture or the death penalty) can also carry substantial weight, depending on the country.
If Romania asks a non-EU state to extradite you, the legal test is based on that country’s extradition law and treaties, not on the EAW Framework Decision. The analysis and strategy are therefore different from EAW cases and must be tailored to that country’s law.
Practical Steps if You Discover an EAW or Extradition Request from Romania
Time is crucial. The EAW and many extradition laws impose strict deadlines for courts to decide on surrender. If you suspect or learn that Romania has issued an EAW or requested your extradition, you should act immediately.
1. Do not ignore it and do not contact authorities alone
Do not simply go to the police or court to explain without legal advice, and do not call Romanian authorities yourself to argue your case. Anything you say can be recorded and used against you in both states.
2. Instruct a local criminal defence lawyer immediately
You need a lawyer experienced in extradition and EAW work in the country where you live. Ask specifically how local courts usually treat Romanian EAWs, what the realistic chances are to fight surrender and whether you can be released on bail pending the decision. Guides for people wanted on EAWs stress the importance of early specialised legal assistance because hearings can be scheduled quickly and decisions may be difficult to appeal afterwards.
3. Instruct a Romanian criminal lawyer in parallel
Your Romanian lawyer should obtain the Romanian case file, clarify whether there is an investigation, an indictment already sent to court or a final conviction (possibly in absentia), check limitation issues and possible procedural violations and advise you on what will happen if you are surrendered, including potential sentences, prison regime and chances of retrial.
4. Confirm whether an EAW actually exists and its contents
Your lawyers can usually obtain a copy of the EAW form, showing the alleged offences and their legal classification, the maximum and/or imposed sentence and whether the warrant is for prosecution or execution, as well as any supporting documentation sent by Romania. This is essential to verify that the warrant fits within the scope of the Framework Decision and Romanian law.
5. Assess key defence issues
Together with both lawyers, you should examine:
- Double criminality for offences outside the 32 automatic EAW categories.
- Ne bis in idem: whether you have already been finally judged (acquitted or convicted and sentence served) for the same facts in another country.
- Limitation periods under both Romanian law and the executing state’s law.
- Human-rights risks, especially prison conditions in the specific facilities Romania proposes to detain you in.
- Family and private life in the executing state (Article 8 ECHR), which may support proportionality arguments even if it does not block surrender on its own.
6. Decide on your position: consent or contest?
In most EAW systems, you can consent to surrender, usually speeding up transfer but limiting your ability to challenge the warrant, or you can refuse consent and contest the warrant, triggering a full hearing and a longer process. You should only consent after receiving clear, written advice from both your local and Romanian lawyers on what exactly you are facing in Romania, whether a retrial is guaranteed (if there is an in absentia conviction) and what the realistic sentencing and prison conditions scenarios are.
7. Manage immigration, employment and travel consequences
Even if you are not immediately arrested, an EAW or extradition request often comes with alerts in systems such as the Schengen Information System, which can lead to arrest at borders, and can affect residence permits or naturalisation processes in the country where you live, as well as employment, especially in regulated professions. Your defence strategy should therefore be aligned with immigration and employment advice where relevant.
FAQ: European Arrest Warrant & Extradition When Romania Requests Your Surrender
Can I be tried again in Romania if I was already acquitted abroad for the same facts?
EU law protects against double jeopardy, known as ne bis in idem. Under the EAW Framework Decision, an EAW must not be executed if the executing state has already finally judged you for the same acts, whether by acquittal or conviction, and the sentence has been served or is in the process of being served. If you were finally acquitted or convicted and served the sentence in an EU country for the same factual conduct, the executing state should normally refuse Romania’s EAW, and Romania is also bound by ne bis in idem under EU and human-rights law. Your lawyers must, however, carefully compare the factual scope of the two cases.
What if I already served a sentence abroad – can Romania still request me?
If you have fully served a sentence for the same facts in another EU state, both EU law and many national laws treat the case as covered by ne bis in idem, and an EAW should not be executed. Romania can still issue an EAW for different or broader conduct, so your defence team needs to compare in detail the underlying facts of the foreign case and the Romanian case.
Can I be surrendered to Romania despite poor prison conditions?
Not automatically. Executing courts must consider the prohibition of inhuman or degrading treatment under Article 3 of the European Convention on Human Rights and the corresponding provisions of the EU Charter. If up-to-date reports show serious overcrowding or poor conditions in the Romanian prisons where you would likely be held, courts can ask Romania for detailed information and individual assurances and may postpone or refuse surrender if those assurances are not convincing.
Will I get a new trial if I was sentenced in absentia in Romania?
EU rules on trials in absentia require executing states to check whether you will have a real possibility of a new trial or an effective appeal in Romania if you were convicted while absent. Romanian law allows, in certain conditions, a retrial or appeal for people sentenced in absentia, but eligibility depends on whether you knew about the proceedings and how you were represented. This must be analysed case by case with a Romanian criminal lawyer.
Can Romania issue an EAW for a minor or very old case?
Romanian authorities are expected to respect proportionality and statute of limitations when issuing EAWs, but in practice warrants have been issued for older and less serious cases. The executing state may refuse surrender if the offence is statute-barred under its own law, and your Romanian lawyer can challenge the warrant if the case is time-barred under Romanian prescription rules. A careful analysis of limitation periods in both legal systems is therefore essential.
How long can a European Arrest Warrant from Romania stay active?
An EAW normally remains valid as long as the underlying Romanian criminal case is open and the sentence has not been fully served or become unenforceable through limitation, amnesty or other legal reasons. There is no automatic expiry date at EU level, so your lawyers need to analyse limitation and enforcement rules in Romanian law for the specific offences and dates involved.
Can I be extradited to Romania from outside the European Union?
Yes, but not under a European Arrest Warrant. Romania must use classic extradition, based on bilateral or multilateral treaties and on Law 302/2004 on international judicial cooperation in criminal matters. The requested state applies its own extradition law and can refuse surrender on grounds such as nationality, political offences, lack of double criminality or human-rights risks. The procedure is typically slower and more formalistic than the EAW, and the executive branch of government often plays a greater role.
If I consent to surrender, can I change my mind later?
In most EAW systems, consent to surrender is either irrevocable or very difficult to withdraw once given. Courts must check that your consent is informed and voluntary, so you should only consent after you have clear written advice from both a local lawyer and a Romanian lawyer about the case against you, your chances of retrial, the likely sentence and the prison conditions in Romania. Without that advice, consenting is a significant risk.
Get Coordinated Defence in Both Countries
Facing a European Arrest Warrant or an extradition request from Romania is not something you should try to handle alone. You are dealing with two legal systems (Romanian law and the law of the executing or requested state), complex EU instruments (the EAW Framework Decision, the in absentia amendments and human-rights case-law) and often serious personal risks: loss of liberty, a criminal record, separation from family and long-term immigration consequences.
If you have learned about an EAW or extradition request connected to Romania, or even just suspect that one may exist, the safest next steps are to contact a criminal defence lawyer where you live with experience in EAW and extradition work, contact a Romanian criminal lawyer experienced in international cooperation and EAW cases, and ensure that your two lawyers can speak to each other directly, compare legal positions and build a coordinated defence strategy.
A short, well-prepared intervention early in the process can make a decisive difference: it may lead to refusal of surrender, better human-rights guarantees, a negotiated outcome in Romania or at least a realistic plan for what happens next.
