Aspects Regarding the Judicial Cooperation in Civil and Commercial Matters

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

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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