Acta Universitatis Danubius. Administratio, Vol 9, No 2 (2017)

Abstract

Judicial cooperation in criminal matters is an open system of principles and rules whose functionality is strongly influenced by the conduct of two participating actors who are willing to implement the international legal order in accordance with the conventions and constitutive treaties. We believe that extradition is an attribute of the sovereignty of the state that grants it, states being entitled to judge whether such an act is necessary or to refuse otherwise. The international nature of the institution of extradition makes the rules under which this legal assistance operation is the result of the will of the States in which it intervenes.