The Constanța Court of Appeal finally sentenced DZ to seven years in prison on 20 December 2023 for bringing drugs into Romania.[1] DZ had challenged the Romanian conviction through appeal and cassation appeal.[1] The case raised whether a court in another member state could refuse to surrender him because the penalty seemed disproportionate.[1]
DZ and his wife had brought into Romania three grams of cannabis and four tablets containing MDMA.[1] DZ told the Dutch court the substances were for his wife’s personal use to ease pain.[1] The Amsterdam tribunal described the quantities as small and found no intent to traffic.[1] Dutch prosecution explanations at the CJEU hearing said bringing up to ten grams of the drug category at issue in the Netherlands could draw one to three weeks in prison.[1]
The Grand Chamber of the EU Court of Justice held that a Dutch court’s view that the Romanian penalty is too severe does not by itself justify refusing surrender.[1] It decided on 3 November 2026 that such a refusal needs evidence of serious deficiencies in the issuing state’s legislation or practice together with the lack of an effective remedy.[2] It found Romanian law allowed courts to tailor the penalty to the concrete circumstances and to consider mitigating circumstances.[1] The ruling did not treat any seven-year term for small quantities as proportionate, did not generally validate Romanian penalties, and did not annul the conviction.[1]
