Recunoaşterea şi executarea unei hotărâri penale pronunţate în România de către un stat membru al Uniunii Europene
The recognition and enforcement of a criminal judgement pronounced in Romania by a member state of the European Union

Summary/Abstract: The purpose of this article is to bring to the reader’s attention the main mechanisms for international cooperation between the Member States of the European Union. Of course – mainly those who intervene after pronouncing a criminal decision against a person. Along with the creation of the European Common Space and the appearance of the four freedoms, including the free movement of persons, we can observe an increasing possibility for the offenders to escape from the execution of the punishments pronounced. This is why we believe that, the cooperation mechanisms presented aim at ensuring the efficiency of the justice system. Also, through these instruments, an effort is made so as to ensure the respect of the rights of EU citizens, giving them the opportunity to return and execute their sentences in the Member State whose citizens they are. This would result in a reduction of the discrimination that might arise in the execution of a sentence in a foreign state. And of course, the possibility of returning to the Member State of nationality creates for the convicted person a more favourable environment for rehabilitation and social reintegration due to familiarity with their own culture. In this article, we will present the way in which the Romanian legislator transposed the main European normative acts in the field of recognition and enforcement of criminal judgements. We will present the required conditions that are to be met in order to provide the recognition of a criminal judgement, the procedure to be followed for recognition and the effects of the proceedings, according to Romanian law. Finally, we will compare the recognition of convictions concerning deprivation of liberty, the recognition of criminal judgements through which surveillance measures were ordered and the recognition of judgements through which probation measures and alternative sanction were ordered. Even though these mechanisms could give a false impression that for the sanctioned person they could create a more favourable premise for circumventing the execution of sanctions, as we will see later, the European legislator has taken care to clearly regulate the obligations of each of the parties involved in judicial cooperation so as to achieve the social rehabilitation and reintegration of the person subject to certain criminal proceedings.

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