Recognition of Foreign Court Orders in Romania

The recognition of foreign court orders is a problem that arises when you want to enforce a decision issued by one state on the territory of another.

Court decisions produce effects directly in the country where they were issued. Whether they will produce effects in other countries or not depends on several factors. Among these factors are the relations between the states, but also the subject matter of each court decision.

States Whose Decisions are Recognized Directly in Romania

Court decisions issued by a member state of the EU are recognized in Romania without requiring further formalities. This comes as an effect of the relevant EU regulations.

In other cases, the judgments of other states can be recognized by law in Romania as a result of bilateral treaties between Romania and said states.

Judicial Recognition of Foreign Court Orders

There are cases where no agreement has been signed between Romania and the issuing state of a court order. The only way in which that decision will be able to produce effects in Romania is to request recognition by a court.

This recognition is done through a process. The court will check if the order is final and that the dispute was not tried in Romania as well. It also checks compliance with international law and ensures the right to defense was provided in the issuing state.

The recognition claim will be judged by the court competent for the residence of the defendant. The trial will be subject to dual jurisdiction. Either party will be able to file an appeal against the decision of the first court.

If the court finds that the conditions for the recognition of foreign court order in Romania are met, it will admit the claim. After recognition, the foreign order can be enforced like any order pronounced by a Romanian court.

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