Romania - Central Authority (Art. 2) and practical information

Central Authority(ies):

Ministry of Justice 

Contact details:

Address:

Ministry of Justice
Department of International Law and Treaties
Unit of judicial co-operation in civil and commercial matters
Strada Apollodor 17
Sector 5 Bucharest (Bucuresti)
Cod 050741
Romania

Telephone:

+40372041077, +403742041078 (director's office)
+40372041083, +40372041217, +40372041218

Fax:

+4037204 1079

E-mail:

ddit@just.ro

General website:

http://www.just.ro/

Contact person:

Viviana ONACA Ph.d., Director

Languages spoken by staff:

Romanian, English, French

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Romanian, English and French.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Romania seeks reimbursement of costs under Art. 14(2).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

Law No. 189/2003 regarding international judicial assistance in civil and commercial cases.

European Judicial Network in Civil or Commercial Matters - Romania

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Under Romanian law, Letters of Request must include the questions to be asked to the persons to be examined or a statement of the subject matter on which they are to be examined.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

Yes, a fine.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

According to Art. 198 (1) of the Civil Procedure Code, the testimony must be written down by the court clerk and signed (on each page) by the judge, the clerk and the witness.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Not applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

The declaration of the witness can be recorded in shorthand, since he or she cannot be forced to testify using video-link.

Chapter II

Are there legal obstacles to the use of video links?

Yes.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation:  Albania, Algeria, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cuba, Czech Republic, Democratic People's Republic of Korea, Egypt, Former Yugoslav Republic of Macedonia, France, Greece, Hungary, Italy, Mongolia, Morocco, Poland, Republic of Moldova, Russian Federation, Serbia, Spain, Syrian Arab Republic, Tunisia, Turkey, Ukraine, United Kingdom.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 1 September 2010)

This page was last updated on: