Brief reflections regarding the recognition and enforcement of pecuniary sanctions Cover Image

Scurte reflecții privind recunoașterea și executarea sancțiunilor pecuniare
Brief reflections regarding the recognition and enforcement of pecuniary sanctions

Author(s): Mihaela Pătrăuş, Darius - Dennis PĂTRĂUȘ
Subject(s): EU-Legislation
Published by: Editura Pro Universitaria
Keywords: judicial authorities; financial penalty; mutual recognition of pecuniary solutions;

Summary/Abstract: We will discuss the competent court to recognize and enforce the judgment given by a Member State of the European Union through which was applied a financial penalty in the procedure laid down in Section IV of Chapter II of Title VII of Law no. 302/2004, amended and republished, which contains provisions on cooperation with the Member States of the European Union in application of the Council Framework Decision 2005/214/JHA of 24.02.2005 on the application of the principle of mutual recognition of pecuniary resolutions, is a judicial authority - in whose constituency the head office of the person to whom the sanction has been applied to is located (Article 234 paragraph 1). Against the decision, the interested person may make an appeal, according to the provisions of art. 38 paragraph 2 Criminal Procedure Code combined with art. 408 paragraph 1 Criminal Procedure Code. Law no. 302/2004, republished, which will settle the composition of the court provided by art.54 paragraph 2 of the Law on judicial organization no.304 / 2004, as amended and republished, since the Law on International Judicial Cooperation in Criminal Matters does not contain the express provisions; or derogatory rules on the exercise of appeals and therefore the general rules of jurisdiction set out in the Criminal Procedure Code and the law on judicial organization apply.

  • Issue Year: 1/2018
  • Issue No: 2
  • Page Range: 48-57
  • Page Count: 9
  • Language: English