Aspects Regarding the Judicial Cooperation in Civil and Commercial Matters

• Main Author: Costache Mirela
• Format: Article
• Language: English
• Published: Danubius University 2009-06-01
• Series: EIRP Proceedings
• Subjects: judicial cooperation; community law; the national legal system legal proceedings; legislative harmonization
• Online Access: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/484/445

The reasons for which Europe is now committed more and more on the way to a unitarylegal system are complex. Evolution dynamics creates necessary links and political, economic andsocial structures, of supranational nature, which have led, not only to actions taken at EU level, forthe purposes of national law harmonization, but it also lead to initiatives towards unifying theEuropean law system. From the substantial point of view, most of the national law domain has acommunity dimension. The European Union has set the objective for maintaining and developingas an area of freedom, security and justice, where it is guaranteed the free movement of people.Within the EU common judicial area, the judicial cooperation is conducted on the basis of somecommunity instruments that are based on the principles of mutual recognition and confidencebetween the Member States' legal systems. The gradual establishment of this area and the properfunctioning of the internal market need to improve, to simplify and to speed up the real judicialcooperation between Member States in civil and commercial matters. To achieve the set objectives,this cooperation is oriented towards establishing the means of harmonizing the laws of the MemberStates and it aims at the institutions’ participation that have specific responsibilities in the domainof judicial cooperation in civil and commercial matters.