The principles and general rules of the international judicial cooperation in criminal matters

• Author: Oana Mihaela Pop
• Position: Attorney. Satu Mare Bar
• Pages: 160-168

160

THE PRINCIPLES AND GENERAL RULES OF THE

INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS

Attorney Oana Mihaela Pop

Satu Mare Bar

e-mail: pop_oana_ro@yahoo.com

Abstract:

The globalization and, especially the expansion of transnational organized

crime have raised a series of new problems for the international criminal systems.

The opening of national borders, the freedom of movement, the freedom of

merchandise and services trade as well as the continuous development of

communication methods have brought a new dimension to these threats, hence a

tight international cooperation in criminal matters between the member states,

along with the police cooperation has become an efficient means to react to the

aforementioned phenomenon.

The continuous and sustained efforts undertaken at international level by

the United Nations Organization (the UN) in order to promote the international

judicial cooperation have culminated, during the Eight UN Congress in a series of

principles and guiding lines for the prevention and fight against organized crime

and terrorism, establishing the necessity for several basic treaties in the field of

international cooperation in criminal matters. These principles were adopted by

the Romanian legislator within the dispositions of the Law no. 302/2004 as

modified and amended by the Law no. 224/2006.

Key words: rules, judicial cooperation, criminal matters.

1.1. The preeminence of the international law

The principle of the preeminence of the international law is incident in

several branches of the law, and is best represented in the field of international

public law. Related to the report between the national and international law – the

subject of the matter – the theory of the preeminence of international law appeared

after the 1st World War and expresses the idea that the international law establishes

in fact the limits of the national legal system competence. There are, of course,

several arguments to this point. The recognition of the superiority of conventional

legal norms over the national ones is a fact consecrated by practice through arbitral

decisions as well as international jurisprudence. Also, the nonconformity between

the internal legislation of a state and its international obligations engages its

international liability.

The legislator has regulated a special case of applicability of the principle

according to the provisions of the 4th art., par. 2 of the Law no. 302/2004 as