EIRP Proceedings, Vol 10 (2015)

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 institution 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.