Importanța stabilirii naturii juridice a sancțiunilor pecuniare aplicate în alte state membre ale Uniunii Europene și recunoscute în România, în temeiul Deciziei-cadru nr. 2005/214/JAI
The importance of establishing the judicial nature of financial penalties imposed in other EU Member States and recognised in Romania, on the basis of Council Framework Decision 2005/214/JHA
Author(s): Andrei-Dorin BăncilăSubject(s): Criminal Law, Civil Law, International Law, EU-Legislation, Comparative Law, Administrative Law
Published by: Școala Națională de Grefieri
Keywords: Council Framework Decision 2005/214/JHA; judicial cooperation; financial penalty; crime; non crime; the principal of mutual recognition; interpretation in conformity; legal regime of the enforcement;
Summary/Abstract: The establishing, by the national court, of the judicial nature of the financial penalty that is to be recognised and enforced according to the mechanism introduced by the Council Framework Decision 2005/214/JHA, is particularly important in order to identify the legal regime of the enforcement, with everything it entails, so that acts that are not incriminated by our domestic criminal law shall not be unnecessarily treated as unlawful acts and also for the imputation of the partial enforcement.
Journal: SCRIPTA MANENT
- Issue Year: 1/2020
- Issue No: 1
- Page Range: 27-36
- Page Count: 10
- Language: Romanian
