Mutual Recognition of Financial Penalties between the EU Member States. Critical Observations

• Main Author: Minodora Ioana Rusu
• Format: Article
• Language: English
• Published: Danubius University 2010-07-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: Cooperation; member states; procedure of transmitting and executing a decision; grounds of non recognition and non execution
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/viewFile/549/502

According to the special Romanian law, one of the forms of judicial assistance in criminal matters recognized in the relations between the EU member states is, among others, the one referringto the cooperation in applying the principle of mutual recognition of financial penalties. The European normative act that establishes the general cooperation norms in this matter is the Council’sDecision Frame 2005/214/JAI on February 24, 2005 on the application of the principle of mutual recognition of financial penalties. This European normative act has been transposed in the internallegislation through Law no.302/2004, according to the international judicial cooperation in criminal matters, with the subsequent amendments and completions, the latter being represented by Lawno.222/2008. The amendments and completions instituted by the abovementioned normative act establish the procedure of transmitting the decision, the procedures for recognition and execution ofsuch a decision by the competent Romanian judicial authorities, the grounds of non recognition and non execution, the definition of used terms, as well as other aspects referring to the recognition andexecution of such decisions. Commenting refers to a number of provisions in the law under both European and domestic in the special law, comments aimed in particular the replacement of terms ofrecognition or non-performance reasons, the procedure of identification of persons convicted when they are evade the enforcement of financial obligations and failure to transpose into national law of subsequent changes to European law.