Recognition of a Criminal Judgment Pronounced in an EU Member State by Romania. Applying the ne bis in idem Principle
Recognition of a Criminal Judgment Pronounced in an EU Member State by Romania. Applying the ne bis in idem Principle

Summary/Abstract: A foreign judgment may be recognized in Romania if it is likely to produce legal effects under Romanian criminal law and the conditions imposed by the provisions of Article 136 of Law no. 302/2004, republished, through international judicial cooperation in criminal matters. If a person convicted in one Member State is investigated in Romania for the same deed, the court may order either the recognition of foreign judgments or the suspension of the case until a decision has been taken in the criminal proceedings before the Romanian judicial authorities, but with due respect the strict principle of the art. 8 of the Law no. 302/2004, republished. The Court of Justice of the European Union has emphasized in its case-law the need to respect the ne bis in idem principle, which the European Commission has recognized as not being properly devised at European level, although recognized in all Member States'.The Court has consistently held that it is for the national courts to assess whether the degree of identity and the connection between all the actual circumstances to be compared is such as to enable the facts to be ascertained and, if so, to apply the principle ne bis in idem.

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