Cross-Border Cooperation in the Context of Romania's Accession to the Treaty of Prüm

• Author: Ioana-Minodora Rusu
• Position: Assistant Professor, PhD in progress, 'Dimitrie Cantemir' Christian University, Bucharest
• Pages: 63-78

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Cross-Border Cooperation in the

Context of Romania’s Accession to the

Treaty of Prüm

Minodora Ioana BLAN-RUSU

1

Abstract: The conducted research aims at critically examining the provisions of the Prüm Treaty, and

therefore the proposal for the adoption of new provisions that would contribute to the improvement of

the legislation in the field and increase the police and judicial cooperation. This paper is a

continuation of previous research on topics related to judicial cooperation in criminal matters in the

European Union. The conclusions and findings highlight t he utility of the European legislative act in

this area and the need to supplement it with new provisions in order to broaden the jurisdiction of

officials of another State on the territory of the host State in joint actions, in order to prevent and

combat the cross-border criminalit y, particularly terrorism. The paper can be helpful to both

theoreticians and practitioners, and to all who wish to improve their knowledge in this highly complex

domain. The essential contribution of this st udy refers to the critical examination and the proposals

for supplementing and amending the European and internal legislation in this area.

Keywords: DNA profiling; fingerprint; joint patrols

1. Introduction

In the recent years, due to the development of human society, there have been

significant changes in the structure of criminality, especially in the organized

crime, appearing forms of manifestation increasingly serious. (Rusu, 2011, p. 552)

Against this background there was the need to prevent and combat more effectively

the phenomenon very serious and complex at the same time, in a joint effort, to

which most countries with recognized democratic regimes engaged in. Given the

complexity of activities to prevent and combat the phenomenon as a whole, the

countries of the world, aware of the growing threat represented by the intensity of

crime of all kinds, they have increased their international judicial cooperation in

criminal matters. (Rusu, 2011, p. 552)

1

Assistant Pr ofessor, PhD in progress, “Dimitrie Cantemir” Christian University, Bucharest, 176

Splaiul Unirii, District 4, Bucharest, Romania, Tel.: +4021.330.79.00. Corresponding a uthor:

ionrusu@univ-danubius. ro. AUDJ, vol. 9, no. 2/2013, pp. 63-78

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Criminality has seen new forms of expression also in the European Union in the

context in which criminal elements can move from one corner to another of Europe

without major risks.

Providing a climate of freedom, security and justice in the European Union has

imposed a priority the intensification of the cooperation in criminal matters on

multiple levels, starting from the exchange of data and information between the

competent institutions of the Member States.

Among the many forms of collaboration known at this time, we consider that the

most important form of judicial cooperation in criminal matters between the

Member States is the recognition and enforcement of judicial criminal decision

emanating from the competent authority of another Member State. (Rusu, 2011, p.

554)

In order to ensure a greater security for their citizens, on May 27, 2005, seven

Member States of the European Union, namely, Belgium, Germany, Spain, the

French Republic, the Grand Duchy of Luxembourg, the Kingdom of the

Netherlands and Austria signed the Treaty of Prüm. (Boroi & Rusu, 2008, p. 543)

The European legislative act refers to deepening the cross-border cooperation,

particularly in combating terrorism, cross-border crime and illegal migration.

Under the provisions of the European legislative act, after more than three years

after entering into force, it will be presented an initiative to transpose its provisions

into the European Union legal framework, taking into account the provisions of the

two basic treaties of the European Union. In this context, it was adopted the

Council Framework Decision 2008/615/JHA of 23 June 2008 on cross-border

cooperation, particularly in combating terrorism and cross-border crime.

1

As a member state of t he European Union, Romania has transposed the European

legislative act in its national law by adopting Law no. 146/2008 for Romania's

accession to the Treaty between the Kingdom of Belgium, Germany, Spain, the

French Republic, the Grand Duchy of Luxembourg, the Netherlands and Austria on

the stepping up the cross-border cooperation, particularly in combating terrorism,

cross-border crime and illegal immigration signed in Prüm on 27 May 2005.

2

Through the national legislative act referred to above, Romania has transposed into

its legislation only the Prüm Treaty, and not the Council Framework Decision

2008/615/JHA of 23 June 2008, which supplements the first European legislative

act.

1

Published in the Official Journal of the European Union no. L 210/1 of 06. 08. 2008.

2

Published in the Official Monitor of Romania, Part I, no. 590 of 6 August 2008.