CJEU says French judiciary didn't proceed correctly in Paul-Philippe of Romania extradition file

The Court of Justice of the European Union (CJEU) established "clearly" that the justice in France did not proceed "correctly" in the file regarding the European arrest warrant in the name of Paul-Philippe of Romania, minister Alina Gorghiu said on Monday.According to a press release from the Ministry of Justice sent on Monday, the CJEU ruled, on Monday, in the preliminary questions procedure with which it was referred by the Romanian court in the case of the extradition of Paul-Philippe of Romania."The Romanian state was right. I thank all the Romanian institutions and those who understood that the phenomenon of fugitives must be treated seriously, regardless of the state that has to hand them over. My message as a minister is that, out of respect for justice in Romania, every fugitive must be brought back in the country, he/she must serve his/her sentence in Romanian prisons. I assure you that we will continue to do whatever is necessary for justice to go to the end," said Alina Gorghiu, quoted in the press release.The Ministry of Justice points out that, on April 30, the Brasov Court of Appeal submitted to the CJEU a request for a preliminary decision, addressing questions regarding compliance with EU legislation in the matter of the European arrest warrant in the case of the extradition of Paul-Philippe of Romania. On Monday, the CJEU published the decision.The CJEU established that the refusal to execute the warrant by an enforcement authority does not attract the refusal by another member state. Each enforcement authority must make its own analysis, taking into account the reasons for refusal previously invoked. At the same time, the issuing authority can maintain the validity of the European warrant, after carrying out its own analysis regarding the reasons for refusal.At the same time, it was established that the decision of the Interpol File Control Commission (CCF) cannot justify, in itself, the refusal to execute the warrant, but it can be taken into account when substantiating the decision. After the decision to refuse surrender, the issuing authority can decide on the validity of the warrant without the need to refer to the CJEU, except for the case where the decision to be adopted is not subject to an appeal."The decision of the CJEU interprets the applicable EU law in the case, it does not actually apply it. But the interpretation is mandatory for all member states. The Romanian state will communicate this extremely important decision to the court in Malta, which will rule on the extradition of the fugitive Paul-Philippe of Romania," the Ministry of Justice said.Paul-Philippe of Romania is currently in Malta, where he is awaiting, under judicial control, the final decision regarding his extradition.In 2020, the High Court of Cassation and Justice definitively sentenced, in the case of the illegal retrocession of the Baneasa Royal Farm, Paul of Romania to three years and four months in prison and businessman Remus Truica to seven years in prison with execution.