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

Author:Ion Rusu
Position:University in Galati, lawyer Vrancea Bar
Pages:224-235
SUMMARY

The current study examines 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 execution by a competent authority of another Member State. The novelty is the conducted examination, the critical opinions and de lege ferenda proposals. The paper is a... (see full summary)

 
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Recognition and enforcement of the European protection
order in the Romanian law. Some critical opinions.
De lege ferenda proposals
Professor Ion RUSU
1
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 i n Galati, lawyer - Vrancea B ar, av.ionrusu@
yahoo.com.

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