EIRP Proceedings, Vol 11 (2016)

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

Minodora Ioana Rusu


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 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 publication of other similar studies, and the innovations consist precisely in the examination of institution and identification of provisions of the law that 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.


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