Recognition and Enforcement of Foreign Judgments in the Case Where a Convicted Person is in Romania

Author:Minodora-Ioana Balan-Rusu
Pages:295-300
SUMMARY

The paper analyzes the institution of the recognition and enforcement of foreign judgment, in the case where a convicted person is in Romania, as well as some references to the conditions of Romanian law to be fulfilled in order to have the recognition and enforcement of such a judgment. Also, according to our research it results that the Romanian legislator has not provided the mandatory legal... (see full summary)

 
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Legal Sciences in the New Millennium
295
Recognition and Enforcement of Foreign Judgments in the Case Where a
Convicted Person is in Romania
Minodora-Ioana Balan-Rusu1
Abstract: The paper analyzes the institution of the recognition and enforcement of foreign judgment, in the
case where a convicted person is in Romania, as well as some references to the conditions of Romanian law to
be fulfilled in order to have the recognition and enforcement of such a judgment. Also, according to our
research it results that the Romanian legislator has not provided the mandatory legal assistance to the person
concerned, which is why we have made proposals de lege ferenda. The paper may be useful to practitioners in
this field, and academics. The innovations consist in examining the in stitution of the recognition and
enforcement of foreign judgment, in the case where a convicted person is in Romania, with the new
amendments to the Romanian special law and the wording of the proposals of de lege ferenda. The paper
continues further studies and research conducted in the field of judicial cooperation in criminal matters, in
particular the form of legal assistance in criminal matters in the European Union area.
Keywords: Persons convicted in another state; offense; preventive measures; proposals of de lege ferenda
1. Introduction
The recognition and enforcement of a foreign judgment by the competent judicial authorities in
Romania is one of the most important forms of international judicial cooperation in criminal matters
(Boroi & Rusu, 2008, p. 348).
The importance of this institution results from the fact that, regardless of their content, all other forms
of judicial cooperation is achieved between two or more states, based on mutual recognition and trust
in judgments adopted at the level of world states.
Moreover, at the level of the European Union states, the recognition and mutual trust in judicial
decisions is both a fundamental form of judicial cooperation in criminal matters between the Member
States and a fundamental principle in the field of cooperation (Rusu, 2011, pp. 552-555).
This form of judicial cooperation in the recent years has established itself as a direct consequence of
increasing the cross-border crime, especially that committed by the organized crime groups and hence
the need to prevent and combat it more effectively at regional or global level.
Being aware of the obligations assumed at international level and wishing to participate actively in the
overall effort of preventing and combating the crime of this kind, Romania has acted in two main
directions.
1 Assistant Professor, PhD in progress, ―Dimitrie Cantemir‖ University of Bucharest, Romania. Address: 176 Splaiul Unirii,
Bucharest 030134, Romania, Tel.: +4021 330 8931, Corresponding author: oanarusu_86@yahoo.com.

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