Review of Protective Measures in the Procedure for Recognizing a European Freezing Order

The article titled “Review of Precautionary Measures in the Procedure for Recognizing the European Freezing Order,” written by Daniel-Cosmin Sporea, a trainee judge at the Lugoj District Court.

This article analyzes the issue of verifying precautionary measures in the procedure for international cooperation in criminal matters provided for by Regulation (EU) 2018/1805 of the European Parliament and of the Council of November 14, 2018, on the mutual recognition of freezing and confiscation orders. Based on the relevant domestic and European legal provisions, the article provides a reasoned analysis of whether the principle of mutual recognition, which governs the mutual recognition of European freezing orders, is compatible with the procedure established by the legislature in Article 250ind2 of the Code of Criminal Procedure. Special attention is given to this issue from the perspective of Romanian judicial authorities in their capacity as executing authorities and, respectively, as issuing judicial authorities, as this distinction is essential for addressing the issue.

Keywords:European Preservation Order; mutual recognition; verification of precautionary measures; mutual trust; Regulation (EU) 2018/1805; preservation certificate.