Recognition and Enforcement of Foreign Judgments if the Convicted Person is in Romania. Critical Observations

• Author: Minodora Ioana Rusu
• Pages: 68-74

European Integration - Realities and Perspectives. Proceedings 2016

68

Recognition and Enforcement of Foreign Judgments if the Convicted

Person is in Romania. Critical Observations

Minodora Ioana Rusu1

Abstract: In th is paper we have examined the institution of recognition and enforcement of foreign

judgments, if the sentenced person is in Romania, according to the Romanian special law provisions in force.

We have also considered the formulation of critical observations aiming at identifying failures of the law and

hence the proposal of amending an d supplementing the texts. Among these drawbacks of the Romanian law

we mention the absence of compulsory insurance of defense in the trial stage of the application for recognition

to the trial court and the absence of the person from hearing an appeal, the obligatory presence being only for

the prosecutor. The paper continues the research of the international judicial cooperation forms in criminal

matters conducted by the p ublication of other similar studies, and the innovations consist precisely in the

examination of institution and identification of provisions of the law th at can cause dysfunctions in the

procedure of recognition and enforcement of such judgments. The paper can be useful to academics, theorists,

practitioners and the legislator in terms of introducing amendments and additions in the text of the law.

Keywords: Sanction of criminal law; mandatory grounds for non-recognition; judgment procedure; call

1. Introduction

As highlighted in the recent doctrine, examined individually, each of the forms of judicial cooperation

in criminal matters adopted at EU level has its importance, on a first examination it is quite difficult to

establish a hierarchy of their importance.

This hierarchy is difficult to achieve also due to the fact that in practice, each of the mentioned forms

is important because of the moment in which it is applied or it requires its application by another

Member State (Rusu & Balan-Rusu, 2013, p. 83).

On the other hand, when we examine the particularly complex institution of recognition of criminal

judgments and foreign judicial acts, it must include both criminal judgments emanating from the

Romanian judicial authorities and those emanating from the competent judicial authorities of other

countries (Boroi & Rusu, 2008, p. 347).

Our opinion, acquired from the general European and Romanian doctrine, is that, in terms of judicial

cooperation in criminal matters between Member States of the European Union and the recognition

and enforcement of judgments and other judicial acts emanating from another competent institution in

another Member State is the most important form of cooperation (Rusu & Balan-Rusu, 2013, p. 83).

1 Assistant Professor, PhD, “Dimitrie Cantemir” Universit y of Bucharest, Romania, Address: 176 Splaiul Unirii, Bucharest

030134, Romania, Tel.: +4021 330 8931, Corresponding author: oanarusu_86@yahoo.com.