international legal assistance Archives - Pavel, Margarit and Associates

Release of judicial and extrajudicial documents in and abroad is the formality that aims to bring them to the attention of recipients: parties, witnesses or participants in a civil or commercial lawsuit in the requesting State. The Ministry of Justice is the central authority through which the demanding Romanian authorities release the documents abroad. As the case, the demanding Romanian authorities are the courts or public notaries, bailiffs and other authorities who, by law, have responsibilities in releasing documents. After receiving the claim for mutual legal assistance having as object the communication of judicial or extrajudicial documents and the documents attached thereto from the demanding Romanian authority, the Ministry of Justice performs the international regularly control and, where appropriate, transmits the requests, depending on the existence and terms of an international convention: to the central authority of the requested State; or the Romanian diplomatic or consular mission of the requested state, through the Ministry of Foreign Affairs; or by mail directly to the addressee. International regularity check consists in checking the conformity of the claim for international legal assistance and the documents attached, with the conventions, bilateral or multilateral treaties applicable, including statements made by Romania under the provisions of multilateral conventions. The Ministry of Justice performs the regularly international control, to verify if: a) between Romania and the Requested State there are conventional norms or reciprocity in the field of international judicial assistance and whether they are invoked as a legal basis for the claim; b) at the claim for international judicial assistance, completed on the proper form, are attached the documents which are going to be communicated abroad; the documents which are going to be communicated abroad, depending on the issuer, must be signed or, if necessary, must have the signature and stamp of the court; c) the documents attached are accompanied by translations according to Art. 8. At the request of the parties or ex officio, the judicial Romanian authorities may request a rogatory commission abroad. After receiving the request for rogatory commission, the Ministry of Justice performs regularly control and transmits the request for rogatory commission, as appropriate, depending on the existence and terms of an international convention: to the central authority of the requested state; or the Romanian diplomatic or consular mission from the requested state, through the Ministry of Foreign Affairs.

Tag international legal assistance

It was republished the Law no. 189 of 13.05.2003 on international legal assistance in civil and commercial matters