RECUNOAȘTEREA SANCȚIUNILOR PECUNIARE: AUTORITĂȚI COMPETENTE, PRESCRIPȚIA ȘI IMPACTUL INTELIGENȚEI ARTIFICIALE
RECOGNITION OF FINANCIAL PENALTIES: COMPETENT AUTHORITIES, PRESCRIPTION, AND THE IMPACT OF ARTIFICIAL INTELLIGENCE

Summary/Abstract: The creation of a common area of justice, based on the principle of mutual trust and the mutual recognition of judicial decisions and rulings between member states, has created challenges regarding the enforcement of financial penalties against individuals who were not nationals of the states where the offense was committed. In this context, the European legislator adopted Framework Decision 2005/214/JAI on the application of the principle of mutual recognition of financial penalties, amended by Framework Decision 2009/299 to strengthen the procedural rights of individuals and encourage the application of the principle of mutual recognition regarding decisions made in the absence of the person concerned from the proceedings. In this theoretical endeavor, we aim to provide a brief analysis, focusing on aspects regarding the competent authority to recognize a financial penalty when it has been applied to a representative of an employee seconded for the provision of cross-border services, as well as the limited possibility of invoking a non-recognition reason based on prescription. Furthermore, considering the current context of digitalization, despite the fact that the use of AI systems is still in its early stages in the field of international judicial cooperation in criminal matters and is not yet fully developed, we aim to highlight the necessity and benefits of using emerging technology in this area.

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