Recognition of Foreign Court Orders in Romania
The recognition of foreign court orders is an issue that occurs when a court order issued by one country has to be enforced in another.
Court orders are mandatory in the country that has issued them. If they will or will not be mandatory in other countries depends on other factors. Amongst these factors are the relations between the two countries and the object of each court order.
Countries whose Orders are Directly Recognized in Romania
Court orders that were issued by another member state of the European Union are recognized in Romania directly. This is an effect of internal EU regulations on the matter.
Moreso, court orders issued by some other countries are recognized directly in Romania. This is an effect of bilateral treaties concluded between Romania and those countries.
Judicial Recognition of Foreign Court Orders
Direct recognition is not possible without an agreement between Romania and the issuing state of the order. Therefore, the only way for the order to take effect in Romania is having it recognized by a Romanian court.
This type of recognition will be subject to a court trial. The court will verify if the order is final and if the case was not subject to Romanian courts as well. Apart from this, the court will check if the rule of law was applied and if the court ensured the parties’ right to defend themselves.
The recognition case will be tried by the tribunal where the defendant resides. The trial will have two grades of jurisdiction, each of the parties having the right to appeal the first court’s decision.
If the court finds that the recognition requirements have been met, the foreign order will take effect in Romania. After the order is recognized, it can be enforced in Romania in the same way as a local court order.
If you need more information about this subject, you can contact us at any time and we will be glad to answer any questions that you may have.