Under the legal instruments of the Council of Europe, requests should be sent, during the investigation and prosecution stage, to the Prosecution Office of the High Court of Cassation and Justice, and during the trial stage, to the Ministry of Justice. According to the declaration made by Romania when acceding to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, the Prosecution Office of the High Court of Cassation and Justice, is the competent authority for requests for assistance set out in Articles 18, 19 and 20(1) to (5) of this Convention. In case of urgency, request may be made via EJN contact points or Eurojust.
Judge for Rights and Liberties of the competent court is the competent authority to authorize the measure. However, The prosecutor may however authorize the measure, for a time period of maximum 48 hours, when: a) there is an emergency situation, and the obtaining of a electronic surveillance warrant would lead to a substantial delay of investigations, to the loss, alteration or destruction of evidence, or would jeopardize the safety of the victim, of witnesses or of their family members; a) there is a reasonable suspicion in relation to the preparation or commission of one of the offenses listed below; b) such measure is proportional to the restriction of fundamental rights and freedoms, considering the particularities of the case, the importance of information or evidence that are to be obtained or the seriousness of the offense. Within a maximum of 24 hours following expiry of a measure, the prosecutor is under an obligation to notify the Judge for Rights and Liberties of the competent court in order for them to confirm the measure and, at the same time, shall forward a report presenting a summary of the electronic surveillance activities performed and the case file. EIO: When Romania is the executing state, the recognition and execution of a European Investigation Order is within the competence of the Prosecutor's Office or the competent court and according tot he quality of the person, according to the Romanian law. Territorial jurisdiction is determined by the location of the investigative measure. European investigation orders dealing with deeds which, under the law, are within the competence of the Directorate for the Investigation of Organized Crime and Terrorism and the National Anticorruption Directorate are recognized and executed by them