EAW and risk of inhuman treatment: if the lawyer of the sought person files reliable and specific sources concerning shortcomings in the current prison system of the requesting State (Romania), it becomes necessary to assess the individualised detention conditions and such an assessment cannot be excluded ab initio. Indeed, notwithstanding a trend of progressive improvement, international authorities continue to report widespread deficiencies in the Romanian penitentiary system.

The burden on the requested person to submit elements and circumstances capable of substantiating the risk of being subjected to inhuman or degrading treatment may also be discharged at the appellate stage before the Court of Cassation. This is because such materials consist of reliable international sources and information in the public domain, which may be directly assessed by the appellate court.