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

Author:Minodora Ioana Rusu
Pages:68-74
SUMMARY

In this 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 and supplementing the texts. Among these drawbacks of the... (see full summary)

 
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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.

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