Issuance and transmission of the European protection order by the Romanian judicial authorities. Some critical opinions. De lege ferenda proposals

• Author: Ion Rusu
• Position: University of Galati, lawy er of Vrancea Bar, Romania
• Pages: 282-296

Issuance and transmission of the European protection order by the

Romanian judicial authorities. Some critical opinions. De lege ferenda

proposals

1

Professor Ion RUSU

2

Abstrac t

The o bjective of the study aims at examini ng the provision s of Law no. 15 1/2016

on the European protectio n order and amen ding and supplement ing certain legisla tive acts,

startin g from the tran sposition into the natio nal law of the provisio ns of the Eu ropean legal

instrumen t. Also, in thi s study we have formulated some crit ical op inions, suppl emented by

de lege ferenda pro posals which aim the impro vement of the natio nal criminal legal system.

The inno vations consi st o f b oth t he con ducted examinat ion, sup plemented by the

interp retation of provisio ns of the Romania n law, the formul ated critica l opinion s and the

de l ege ferenda proposals. The p aper can be hel pful to academic s, partic ularly studen ts of

law facul ties and prac titioners in the field .

Keywords: protecti on measure; protect ed person; issuing State; executi ng State .

JEL Cla ssification: K14, K33

1. Introduction

The permanent expansion of transnational crime at European level

“prompted the Member States to adopt new decisions, the ultimate goal being to

continuously improve the complex activity of international judicial cooperation in

criminal matters and therefore reducing this type of crime. In the European Union

in the recent years they were promoted more legal instruments meant to help

improving cooperation between judicial authorities of Member States and ensuring

an appropriate climate of public safe ty.”

3

Recognition and enforcement in a Member State of some judgments by

which there were applied sanctions of criminal law involving deprivation or non-

deprivation of liberty by a competent court of another Member State was and still

1

This article was submitted to 6th International Conference “Persp ectives of Business Law in the

Third M illennium”, 25 -26 November 2016, the Bucharest University of Economic Studies,

Bucharest, Romania.

2

Ion Rusu - “Danubius” University of Galati, lawy er of Vrancea Bar, Romania,

av.ionrusu@yahoo.com

3

Minodora-Ioana Rusu, Supporting and protecting the victims of crime in the European Union.

Some general considerations, „Acta Universitatis Danubius Juridica”, vol. 12, No. 2/2016, p . 74.