Interference and Effects of European Court of Human Rights Judgments in Extradition Proceedings between Romania and the United States of America

Abstract

Each state decides on the modalities and conditions under which it grants extradition, even if the general rules are laid down in bilateral Conventions and/or Treaties. In Europe, particularly within the Member States of the European Union, extradition has been replaced by the institution of the European Arrest Warrant as a simplified form of extradition. What is characteristic in this geographical area is respect for and application of the European Convention on Human Rights and Fundamental Freedoms, just as in the United States of America, a country with a long democratic tradition, human rights are protected and guaranteed by the Constitution, in particular the Bill of Rights. The judgments of the European Court of Human Rights are mandatory for these states, which are under an obligation to put an end to the violation found and to make reparation for the consequences of the violation, not only in terms of paying the amount ordered by compensation, but also in terms of taking measures in their legal system, including legislative amendments, to put an end to the violation and make reparation for all the effects of the violation. KEYWORDS: international judicial cooperation, extradition, duration of arrest in extradition proceedings, respect for the rights of the extraditable person, European Convention on Human Rights and Fundamental Freedoms, provisional measure, risk of impunity, judicial practice