Ρουμανία


RO

Official (constitutional) name of the country: Romania

Organisation of the judicial system

Information on the organisation of the Romanian judicial system is available in the European e-Justice Portal 

For a judicial map, you can also the Romanian Courts’ Portal, which also contains information on the pending cases at each court

http://portal.just.ro/SitePages/acasa.aspx

Judicial cooperation

General description of the national system for international judicial cooperation in criminal matters


In Romania, the issuing and execution of the request for international judicial cooperation in criminal matters is under the competence of the courts and prosecution offices. Moreover, there are the following Central Authorities for international judicial cooperation in criminal matters:

Ministry of Justice – for extradition, European arrest warrant, transfer of sentenced persons, financial penalties etc, as well as for mutual legal assistance and EIO, during trial stage.

Prosecutor’s Office of the High Court of Cassation and Justice  – for MLA requests and EIO during criminal prosecution and for transfer of proceedings in criminal matters.

Ministry of Internal Affairs – for extracts from criminal records.

The judicial cooperation in criminal matters with the EU Member States is based on the principles of mutual recognition and direct contact between the judicial authorities.  Direct contact is the rule for EAW and MLA requests with EU Member States and with countries parties to the second additional protocol to the European Convention on mutual assistance in criminal matters. However, for some mutual recognition instruments, such as Council Framework Decision 2008/909/JHA, Council Framework Decision 2005/214/JHA the certificates have to be sent to the Ministry of Justice.
Since 2004, in the website of the MoJ is available an e-Guide on international judicial cooperation in criminal matters and a entire section where the Romanian judges and prosecutors may find useful information (treaties, list of ratifications, declarations, etc.), in Romanian language: http://www.just.ro/despre/cooperare-judiciara-internationala-in-materie-penala/. Moreover, the section "Judicial cooperation" of the MoJ website contains useful handbooks and manuals.

Text in original language, English and/or other available languages of the relevant national laws/provisions of the Criminal procedure codes  on judicial cooperation in criminal matters

Law no. 302/2004 on international judicial cooperation in criminal matters, as amended as supplemented by Laws no.  224/2006, no. 222/2008 and 300/2013.

 

Link to the EJN website’ section on the status of implementation in Romania of the EU legal instruments on judicial cooperation in criminal matters

Link to the national Fiches belges

Links to the relevant sections of the Council of Europe and United Nations Treaties Offices websites containing information on the conventions to which  Romania is party

Council of Europe Treaty Office
United Nations Treaty Collection

 National case law relevant for judicial cooperation in criminal matters

Case law may be found in the following portals:

http://www.rolii.ro/ 
http://portal.just.ro/SitePages/acasa.aspx
www.scj.ro

Information on the organisation of the EJN

In accordance with the relevant provisions of the Emergency Ordinance of the Government no. 123/2007 on certain measures to strengthen the judicial cooperation with the EU Member States, the Romanian Contact Points for the European Judicial Network are appointed by order of the minister of justice, with the opinion of the Superior Council of Magistracy.
They represent both the judiciary and the Ministry of Justice. As of December 2017, there are 8 National Contact Points, representing both the Central Authorities and the Judiciary. 

Moreover, there is a Romanian Judicial Network in criminal matters, which acts as a counterpart of the EJN (via the national Contact Points for the EJN) at local level. The Romanian Network is composed of more than 40 members, representing the Central Authorities, the 15 courts of appeal and the 15 prosecution offices of the courts of appeal.

Useful national links

Recent national developments on judicial cooperation in criminal matters


By Law no. 236/2017 amending and supplementing Law no. 302/2004 on international judicial cooperation in criminal matters, the Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters has been transposed into Romanian legislation.

All other  EU legal instruments relevant for judicial cooperation in criminal matters are transposed into Romanian law. The notifications and declarations of Romania on the application of the EU legal instruments on judicial cooperation in criminal matters are available in the EJN Judicial Library.

 

Other useful information

  • Since 2004 an e-Guide on international judicial cooperation in criminal matters is available in the website of the MoJ and a entire section where the Romanian judges and prosecutors may find useful information (treaties, list of ratifications, declarations, etc.), in Romanian language: http://www.just.ro/despre/cooperare-judiciara-internationala-in-materie-penala/. Moreover, the section "Judicial cooperation" of the MoJ website contains useful handbooks and manuals.
  • Romania is represented at Eurojust by a national member, a deputy national member and a seconded national expert.
  • Currently, Romania has posted a liaison magistrate to France.
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