Recognition and enforcement of the European protection order in the Romanian law. Some critical opinions. De lege ferenda proposals

• Author: Ion Rusu
• Position: Professor
• Pages: 224-235

Recognition and enforcement of the European protection

order in the Romanian law. Some critical opinions.

De lege ferenda proposals

Professor Ion RUSU1

Abstract

The current study examin es the provisions of Law no. 151/2016 regarding the

competences and concrete actions of the Romanian judicial authorities for the recognition

and enforcement of a European protection order, sent for executio n by a competent

authority of another Member State. The novelty is the co nducted examination, the critical

opinions and de lege ferenda proposals. The paper is a continuation of other pa pers that

relate to the complex activity of international judicial cooperation in criminal matters and

the involvement of the Romanian legislator in transposing into the national law of the

European legal instruments in the field. Given its structure and the way in which it has

been designed, the paper can be useful to academics, practitioners in the field and to the

Romanian legislator in terms of completion and modification of the legislative act under

examination.

Keywords: the competent Romanian authorities; recognition procedure; reasons for

rejecting the request; the duration of the measure.

JEL Classification: K14, K33

1. Introductory considerations

In response to the increased crime of all kinds and especially the organized

one, thecrime victims’ protection was and still is a major objective assumed by the

competent authorities of the European Union Member States.

In order to achieve this requirement, it was imposed the need to adopt a

coherent legislative framework intended to lead to a real insurance of the protection

of persons involved in criminal proceedings which are threatened by the

perpetrators of criminal acts.

No doubt that the protection of some people remains a specific activity,

being responsible the country in which such measure is enforced.

If on the territory of each Member State there is a clear legislation with

concrete powers of the State concerned, at the EU level, it is a different situation as

it should be considered the position of the European citizen, who is free to move in

another Member State, or, even to establish domicile or residence in another

Member State, other than his home.

1 Ion Rusu - “Danubius” University in Galati, lawyer - Vrancea Bar, av.ionrusu@

yahoo.com.