UNION AND TRANSPOSITION REGULATIONS CONCERNING THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF FINANCIAL SANCTIONS IN CRIMINAL MATTERS

JUDICIAL COOPERATION WITHIN THE EUROPEAN UNION IS AN INTERSTATE PROCEDURE THAT EXCEEDS TRADITIONAL JUDICIAL COOPERATION INVOLVING LEGAL INSTRUMENTS WITH WELL- DEFINED REGULATORY AREAS AND "ANCHORED" IN THE REALITIES OF THE UNION MEMBER STATES ON THE PROBLEMS OF CRIME AND TRAFFICKING OF ANY KIND. JUDICIAL COOPERATION IN CRIMINAL MATTERS AT THE LEVEL OF THE EUROPEAN UNION HAS AS FUNDAMENTAL ELEMENT THE PRINCIPLE OF MUTUAL RECOGNITION, APPROVED FOR THE FIRST TIME AT THE MEETING OF THE EUROPEAN COUNCIL IN TAMPERE (1999). ONE YEAR LATER, THE COUNCIL OF THE EUROPEAN UNION ADOPTS A PROGRAM OF MEASURES FOR THE IMPLEMENTATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF DECISIONS IN CRIMINAL MATTERS, THE UNION LEGISLATOR SEEKING TO ADOPT AN INSTRUMENT TO IMPLEMENT THIS PRINCIPLE, RESPECTIVELY, THE CO UNCIL FRAMEWORK DECISION 2005/214 / JHA OF 24 FEBRUARY 2005 ON THE APPLICATION OF THE PRINCIPLE OF MUTUAL RECOGNITION OF PECUNIARY SANCTIONS 2. THE UNION NORM WAS TRANSPOSED INTO THE ROMANIAN LEGISLATION BY LAW NO. 302/2004 REGARDING INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS, AMENDED AND SUPPLEMENTED BY LAW NO. 222/2008, WHICH REGULATES WITHIN THE SECTION 4 -ENTITLED "PROVISIONS REGARDING THE COOPERATION WITH THE MEMBER STATES OF THE EUROPEAN UNION IN THE APPLICATION OF THE FRAMEWORK DECISION 2005/214 / JHA" ISSUES REGARDING THE PROCEDURAL ASPECTS OF APPLYING THE UNION PROVISION.

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