Aspects Regarding the Judicial Cooperation in Civil and Commercial Matters

Author:Mirela Costache
Position:Danubius University of Galati, Faculty of Law
Pages:473-477
SUMMARY

The reasons for which Europe is now committed more and more on the way to a unitary legal system are complex. Evolution dynamics creates necessary links and political, economic and social structures, of supranational nature, which have led, not only to actions taken at EU level, for the purposes of national law harmonization, but it also lead to initiatives towards unifying the European law... (see full summary)

 
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Aspects Regarding the Judicial Cooperation
in Civil and Commercial Matters
Costache Mirela
“Danubius” University of Galati, Faculty of Law, mirelacostache@univ-danubius.ro
Abstract: The reasons for which Europe is now committed more and more on the way to a unitary
legal system are complex. Evolution dynamics creates necessary links and political, economic and
social structures, of supranational nature, which have led, not only t o actions taken at EU level, for
the purposes o f national law harmonization, but it also lead to initiatives towards unifying the
European law system. From the substantial point of view, most of the national law domain has a
community dimension. The European Union has set the objective for maintaining and developing
as an area of freedom, security and justice, where it is guaranteed the free movement of people.
Within the EU common judicial area, the judicial cooperation is conducted on the basis of some
community instruments that are based on the principles of mutual recognition and confidence
between the Member States' legal systems. The gradual establishment of this area and the proper
functioning o f the internal market n eed to i mprove, to simplify and to speed up the real judicial
cooperation between Member States in civil and commercial matters. To achieve the set objectives,
this cooperation is oriented towards establ ishing the means of harmonizing the laws of the Member
States and it aims at the institutions’ participation that h ave specific responsibilities in the domain
of judicial cooperation in civil and commercial matters.
Keywords: judicial cooperation, community law, the national legal system legal proceedings,
legislative harmonization
1. Introduction
The unprecedented development of the community, social and economic relations, requires close
cooperation from the legal point of view, regarding the civil, criminal, commercial etc. matters,
given the significant increase of legal relations between law subjects, from different Member
States and the conflict between them. The dynamics of these relationships required a change in
the point of view regarding the cooperation, so that there was mentioned in the doctrine,
figuratively speaking, of an “esperanto in the world of law”. Its main and unique purpose is
increasing the efficiency of the cooperation system in the community justice.
Numerous studies in this field have made possible the identification of the domain or domains,
where the development of a judicial area and implicitly a judicial cooperation would necessarily
impose. As such, the concepts of community judicial area and the judicial cooperation cover
many aspects both common and independent; its only link may only be accomplished by the
attitude of the Member States to begin the new challenges posed by the judicial cooperation.
Issues of cooperation in civil and commercial matters concern in particular issues such as
notification and communicating the judicial and extrajudicial documents abroad, obtaining
evidence abroad in civil and commercial matters, information on foreign law, the international
access to justice, recognition and enforcement of legal decisions abroad, international protection
of minors, authentication/applying the signature of the Romanian official documents to be
effective abroad, etc.
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