Aspects of non-uniform practice in the field of recognition and enforcement pecuniary
sanctions under Framework Decision no. 2005/214/JHA Cover Image

Aspecte de practică neunitară în materia recunoașterii și executării sancțiunilor pecuniare în temeiul Deciziei-cadru nr. 2005/214/JAI
Aspects of non-uniform practice in the field of recognition and enforcement pecuniary sanctions under Framework Decision no. 2005/214/JHA

- the termination of the enforcement of the pecuniary sanctions recognized by a member state following the intervention of the statute of limitation for enforcement

Author(s): Camelia-Andreea Miclescu
Subject(s): Criminal Law, EU-Legislation
Published by: Școala Națională de Grefieri
Keywords: pecuniary sanctions; judicial cooperation in criminal matters; Council Framework Decision no. 2005/214/JHA; the regime of the enforcement of pecuniary sanctions; causes for termination of the enforcem

Summary/Abstract: Following the recognition by the Romanian courts of a pecuniary sanction applied by another member state of the European Union, they cannot order the cessation of the execution of the pecuniary penalty as a result of the request of the issuing member state to withdraw the decision and to stop the execution due to the intervention the statue of limitation for enforcement of the pecuniary sanction according to its own legislation, if the statute of limitation is not fulfilled according to the national legislation, since the regime of the statue of limitation for enforcement of the pecuniary penalty recognized by another member state is the one provided by the legislation of the executing state.

  • Issue Year: 1/2024
  • Issue No: 8
  • Page Range: 5-14
  • Page Count: 10
  • Language: Romanian
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