Metode de recunoaştere a hotărârilor în dreptul internaţional privat
The Recognition of Decisions in Private International Law: Methods

Summary/Abstract: The efficiency of private international law resides in an entire process whose final outcome is the integration of foreign decisions into the national judicial order. The primary element in this integration process is the recognition mechanism based on which, at this intial stage, court rulings are binding. What underlies the recognition of this authority is the state’s confidence that the process carried out outside its borders does meet its national judicial standards. Naturally, the integration process ends up with the enforcement stage when the foreign decision becomes diluted into the national judicial system, which – to the parties concerned by that decision – is equivalent to detaining the power to impose constraining measures with respect to persons or goods. Romanian private international law faces new challenges posed by the European Union in its desire to implement a series of policies intended to strengthen judicial cooperation. Throughout this process, it is extremely significant that we no longer have to cope with foreign decisions, but rather with decisions originating in member states of the European Union. What European tools ultimately aim to achieve is to accelerate the unification process. Under current European law, the recognition of as well as the putting into practice of decisions is ensured authomatically, in accordance with much simplified enforcement proceedings.

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