How a foreign judgment takes effect in Romania: A guide to understanding the conditions and procedures
Judicial judgments issued in other countries can take effect in Romania, but this is not automatic. They must be recognized by the Romanian authorities through a specific procedure, known as the recognition and enforcement of foreign judgments. This article briefly explains what a person needs to know about this process, according to the applicable legislation.
1. Recognition vs. Enforcement
Recognition of the judgment: It represents the process by which a foreign judgment is declared valid and takes effect in Romania, without involving its actual enforcement.
For example, a foreign divorce judgment can be recognized to allow the restoration of civil status in Romania.
Enforcement of the judgment: If the judgment involves obligations to do, give or not do (e.g. payment of a sum of money, handing over an asset), it must be approved for enforcement through an additional procedure.
2. Legal basis for recognition and enforcement
The recognition of foreign judgments is regulated by:
The Romanian Code of Civil Procedure (art. 1095-1102): Provides for the general conditions for the recognition and enforcement of judgments issued in states outside the European Union.
European Union regulations: For judgments issued in EU member states (e.g. Brussels I bis Regulation - Reg. 1215/2012), the procedure is simplified.
International conventions: If there are bilateral or multilateral treaties between Romania and the state in which the judgment was issued, these may influence the procedure.
3. General conditions for recognition
For a foreign judgment to be recognized in Romania, it must meet the following conditions:
Jurisdiction of the foreign court: The court that issued the judgment must have had the legal jurisdiction to resolve the case.
The judgment must be final: In the state where it was issued, the judgment must be final.
Respect for public order: The judgment must not be contrary to the public order of private international law in Romania. For example, a decision that would violate a person’s fundamental rights cannot be recognized.
Reciprocity between states: If the judgment comes from a state with which Romania does not have an agreement on the recognition of judgments, the procedure may be more complicated.
Absence of a similar dispute in Romania: If there is already a contradictory Romanian judgment, the foreign judgment cannot be recognized.
4. Recognition procedure in Romania
a) Automatic recognition
In some cases, judgments from other EU states do not require a formal procedure, recognition being automatic.
b) Recognition by judicial request
If automatic recognition is not possible, a request for recognition must be filed with the court of the domicile or residence of the party who refused recognition.
The request must include:
An authentic copy of the foreign judgment.
A certified translation into Romanian.
Proof of the finality of the judgment (e.g. mention on the judgment of its finality, certificate issued by the foreign authorities).
c) Enforcement
If the judgment involves enforcement measures (e.g. seizure of an account), a distinct procedure for approving enforcement in Romania is required.
5. Practical situations where recognition is required:
Divorces and changes in civil status: People who divorce abroad must obtain recognition of the decision in order to update their civil status documents in Romania.
Financial decisions: Decisions regarding maintenance obligations, alimony or other debts may require recognition in order to be enforced.
Commercial disputes: Decisions regarding commercial disputes between companies must be recognized in order to produce legal effects in Romania.
6. Possible obstacles to recognition
Failure to meet formal conditions: Lack of correct documents or certified translations may delay recognition.
Lack of jurisdiction of the foreign court: If the foreign court did not have territorial or material jurisdiction.
Contradiction with Romanian public order: For example, a decision imposing discriminatory conditions may be rejected.
Failure to meet the finality: If the decision can be appealed in the state in which it was issued.
7. Tips for a smooth recognition
Consult a specialized lawyer: A professional can facilitate the procedure.
Make sure that the documents are complete: Check the legalization, apostille and translation of the documents.
The recognition of a foreign decision on Romanian territory is a regulated process, which involves compliance with strict conditions. Depending on the nature of the decision and the country of origin, the procedure can be simple or more complex. If you are a party to such a process, ensure