Extradition from Romania is governed by Romanian constitutional provisions, national law, and international treaties—including bilateral extradition agreements and the European Arrest Warrant (EAW) within the EU. Though Romania cooperates with extradition requests, there are numerous legal grounds on which such requests may be refused.
Constitutional and Legislative Framework
The Romanian Constitution prohibits extraditing Romanian citizens except under specific international conventions and reciprocity conditions. Under Law 302/2004 (as amended), extradition can only proceed if the requesting state provides sufficient legal guarantees and meets strict procedural criteria.
Mandatory Grounds for Refusal
Romanian law establishes mandatory refusal grounds for extradition requests :
- Risk of human‑rights violations, including torture, inhuman or degrading treatment, or denial of a fair trial under ECHR standards.
- Discriminatory motives: if prosecution appears to be based on the individual’s race, religion, political views, gender, nationality, language, or social belonging.
- Political or military offenses: Romania refuses to extradite for crimes considered political or military in nature (with certain exceptions such as terrorism or war crimes).
Other Legal Barriers
Additional grounds include:
- Double criminality principle: the act must be a crime both in Romania and in the requesting country.
- Penal limitations: extradition is barred if the statute of limitations has expired under Romanian or the requesting country’s law.
- Amnesty or pardon: if the offence has been amnestied or pardoned, extradition must be refused.
- Trial in absentia: extradition may be denied if the individual was tried in absentia without adequate rights to defence—unless sufficient guarantees are offered for a retrial.
Special Protections for Romanian Nationals
Romanian citizens enjoy constitutional protection against extradition except where permitted by reciprocity and treaty. Even when extradited, they may be entitled to serve any sentence in Romania.
Defense Strategies to Challenge Extradition
Defendants and legal counsel can raise arguments such as :
- The request is politically motivated.
- The alleged offence lacks equivalent recognition under Romanian law.
- The individual faces a serious risk of cruel, inhuman or degrading treatment, or capital punishment in the requesting state.
- Fair‑trial concerns or procedural irregularities in the requesting country.
A voluntary waiver of legal protections is possible—but must be made in court, after understanding the implications, and is only valid until the court assesses whether any legal impediments still exist.
Judicial and Administrative Procedure
Extradition begins with a request submitted to Romania’s Ministry of Justice. After initial review, a Romanian court evaluates admissibility. The individual can challenge extradition through judicial review. If the court approves, extradition proceeds, subject to coordination with the requesting state.
Speciality Rule and Consent
Romanian law respects the “speciality” rule: the extradited person may only be prosecuted for the offences cited in the extradition request, unless they expressly waive this protection. If consent to extradition is granted by the individual, the court ensures full awareness and then issues a final judgment within 24 hours, transmitted to the Ministry of Justice for execution.
Summary: Extradition from Romania – What You Can Challenge
| Legal Ground | Description |
|---|---|
| Fundamental Rights Violations | Risk of torture, death penalty, unfair trial |
| Discrimination or political motivation | Targeting due to status or beliefs |
| Political or military offences | Generally excluded from extradition |
| Double criminality requirement | Must be offence in both countries |
| Limitation, amnesty or pardon | Statutory bars to extradition |
| In absentia trials without safeguards | Unless retrial guaranteed |
| Special protections for nationals | Romanian citizens extradited only under treaties |
| Speciality rule | Only offences in request may be prosecuted |
To fight extradition from Romania effectively, credible legal counsel is essential. Early action—especially at the Ministry review stage—can significantly influence outcomes and protect fundamental rights.