Normative Acts Adopted at European Level and their Effectiveness in the Field of International Police and Judicial Cooperation

• Author: Mihai Marian Donsu, Cristi Ureche
• Pages: 72-78

European Integration - Realities and Perspectives. Proceedings 2017

72

Normative Acts Adopted at European Level and their Effectiveness in the

Field of International Police and Judicial Cooperation

Mihai Marian Donțu1, Cristi Ureche2

Abstract: This paper aims at making a brief analysis of the relevant EU legal acts in matters of international

judicial and police cooperation and the effects on the national legislation of Romania. The objective is important

as it concerns the European area of freedom, security and justice, protecting citizens being a fundamental

objective of the Union. The paper will consider the terms and concepts mostly legal and will focus on the areas

of international police and judicial cooperation. The approach used by the authors is, in essence, from a legal

perspective, being used research methods like study and observation. The result of research leads to the

conclusion that international judicial cooperation in criminal matters is complex, requiring the transposition

into national law of a larger number of EU legal acts compared to international police cooperation. The paper

may have implications in the activity of institutions which have attributions in the fields above-mentioned, but

can be useful for people interested in the evolution of internal legal documents. Essentially, the work highlights

the need for giving up legal national pride for the best possible cooperation of the member States authorities

with responsibilities in both areas.

Keywords: security; assistance; law; legislation

Introduction

European area of freedom, security and justice cannot be achieved without a suitable internal and

internationally framework. European sources of law are found in Union treaties which are the basis of

the judicial foundation, and then, in the background, are the other acts of the EU institutions. The

principles governing the activity of European level are the same as in our internal law. So, a basic

principle is the hierarchy of normative acts which means that lower level normative acts issued by the

European institutions can not contain other solutions that are regulated in Primary sources of Community

law. Regarding the institutions with legislative powers, in the European Union, these are European

Parliament, Council and Commission, which adopt regulations and directives, make decisions and

formulate recommendations or opinions. It is worth mentioning that those acts does not have a

differentiated power, so that there is not a priority order to apply, but they differ in their effects and

extended application3. In the field of police cooperation and judicial cooperation in criminal matters,

according to the treaties, Council may adopt framework-decisions, common-position, decisions and

conventions.

1 Police Academy Al. I. Cuza, Doctoral School of Public Or der and National Security, Address: 1-3 Aleea Privighetorilor,

Sector 1, Bucharest 014031, Tel.: +4021.317.55.23, Corresponding author: mariandontu@yahoo.com.

2 Police Academy Al. I. Cuza, Doctoral School of Public Order and National S ecurity, Address: 1-3 Aleea Privighetorilor,

Sector 1, Bucharest 014031, Tel.: +4021.317.55.23, E-mail: cristi.ureche@hotmail.com.

3 L. Iamandi, International cooperation in the field of crime, Publisher AIT Laboratories LLC, Bucharest, p. 21.