The Recognition of Forensic Psychiatric Expertise in European Union

Author:Ion Rusu
Position:Senior Lecturer, PhD, 'Danubius' University of Galati, Faculty of Law, Romania
Pages:100-106
SUMMARY

In this paper we examine the internal and European provisions governing the institution of recognizing the forensic psychiatric expertise in the European Union, based on the European and internal legislation in the field. We previously conducted research on the recognition of judgments and judicial foreign acts emanating from another Member State, research that have resulted in studies and... (see full summary)

 
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European Integration - Realities and Perspectives
2012
100
The Recognition of Forensic Psychiatric
Expertise in European Union
Ion Rusu
1
Abstract: In this paper we examine the internal and European pr ovisions governing the institution of
recognizing the forensic psychiatric expertise in the European Union, based on the European and internal
legislation in the field. W e previousl y conducted research on the recognition of judgments and judicial
foreign acts emanating from another Member State, research that have resulted in studies and articles
published in national or interna tional specialized journals or proceedings. The work is useful for practitioners
who work in this area, and also for those interested in researching this institution. The essential contribution
of this paper consists of the examination of the institution recognition in the light of the national and the
European legislation, the critical observations relating to certain provisions of the European legislative acts
and proposals for completing and amending the European legal instruments.
Keywords: critical opinion; judgment; judicial cooperation; EU
1. Introduction
In our opinion, the biggest problem of the European Union, after the economic one, is represented by
the growth of crime of all types and implicitly the concrete methods adopted by the Member States to
prevent and fight against crimes in European Area.
This very complex activity, with major implications in economic and political stability of the Member
States, and European institutions, is required to be solved urgently, as the lack of reaction of European
governments can compromise the European construction as a whole.
A very complex matter of preventing and fighting against crime of all kinds, and in particular
terrorism, trafficking of arms, ammunition, explosives, drugs, human beings and other manifestations
of organized crime can be solved only by increasing specific activities of judicial cooperation in
criminal matters between Member States.
We believe that the most important form of legal cooperation in criminal matters between the Member
States is and will always be the recognition of each Member State of judgments and other judicial
documents issued in another Member State. (Rusu & Rusu, 2010, p. 224)
So, there is the question of recognition and enforcement of two distinct categories of legal acts,
namely, final judgments and other judicial documents that produce legal effects in the issuing State. In
both cases, these two categories of judicial acts will have to produce legal effects in the issuing State,
identical (as those produced in the executing State), in other words it should be recognized and
enforced in their entirety, by any other State.
Consistent with its European aspirations, but also aware of the need to strengthen the specific activities
to prevent and fight against crime of all kinds, Romania adopted Law no 302/2004 on international
1
Senior Lecturer, PhD, “Danubius” University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd, Galati, Romania,
tel: +40372 361 102, fax: +40372 361 290, Corresponding author: ionrusu@univ-danubius.ro.

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