Rumania - Autoridad central (Art. 2) e información práctica
Central Authority(ies):
Ministry of Justice
Contact details: |
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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: | Ms Dana-Maria Roman, Director |
Languages spoken by staff: | Romanian, English, French |
Practical Information |
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Blocking statutes: |
Yes, there are two European instruments of this nature: |
Chapter I |
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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): |
Romania accepts Letters of Request written in or translated into Romanian, English and French. Nevertheless, it will be much appreciated if Letters of Request are written in or translated into Romanian language. |
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. |
Pre-trial discovery of documents Art. 23): |
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 |
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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 |
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Article 15 | Applicable. |
Article 16 | Not applicable. |
Article 17 | Not applicable. |
Article 18 | Not applicable. |
Taking of evidence by video-links |
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Chapter I |
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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 |
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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. |
Other Information |
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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. |
Useful links: | |
Competent authorities (Art. 8) | See here. |
Additional authorities (Art. 24) |
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