ro fr
universul juridic magazin

International jurisdiction of Romanian courts. Wordings of the new Code of civil procedure

The major legislative intervention that took place in 2013 fully reflects, from a normative point of view, the consequences of European integration. Against the backdrop of elements of continuity, the matters of international jurisdiction offer some modern solutions which, at first glance, might seem in stark contrast, due to their novelty. In this vein, the aspects related to jurisdictional competence resonate, at least partly, with the solutions put forward by European lawmakers. Internal regulations serve multiple purposes: pioneering, harmonizing and preservation on national character. The principle on which it operates is the precedence of European law over Romanian law. Grounded in jurisprudence, this principle states that a mandatory norm of European law cannot be overruled by national juridical norms, prior or subsequent.In a general overview in the spirit of continuity (since it had carried over the majority of the provisions of the old Regulation no. 44/2001), Regulation no. 1215/2012 is one of the main levers of realization of the sphere of freedom, security and justice by means of civil and commercial cooperation. The Regulation identifies explicitly the applicable matters, as well as the excluded matters; it enunciates the principle of determining the territorial jurisdictional competence and the exceptions to this principle. It represents a normative instrument of continuity, coherence and flexibility, aimed at establishing uniform rules for the Member States of the European Union. It is considered the core of European judicial cooperation in the aforementioned directions – civil matters and commercial matters.The domicile of an individual is the main criterion for determining international jurisdictional competence (general competence). The special rules of international jurisdiction of Romanian courts include three categories: exclusive jurisdiction in matters of personal status; exclusive jurisdiction in certain matters of patrimonial action; preferential jurisdiction in expressly mentioned cases. The exclusive jurisdiction of Romanian courts is grounded on two principal binding points: Romanian nationality (exclusive personal jurisdiction) and domicile in Romania (exclusive jurisdiction concerning some patrimonial actions). The cases of preferential jurisdiction are listed together with their limitations and the NCPC includes 14 situations of preferential jurisdiction. Another detailed provisions concerned the juridical regime of international jurisdiction and the incidents in the civil international litigation.