How the Central Authority Works in Romania: Navigating International Process Serving

Introduction

When serving legal documents in Romania from another country, it is crucial to understand the role of the Central Authority and how it operates within the framework of the Hague Service Convention. The Central Authority in Romania is vital in facilitating the service of process in civil or commercial matters, ensuring that the process complies with Romanian law and international treaties. This article will provide an in-depth look at how the Central Authority in Romania functions, its place within the Romanian legal system, and the steps involved in successfully serving documents through this channel. Click here for information on How To Serve Legal Papers Internationally.

Romania’s Legal System and International Judicial Cooperation

Romania is a semi-presidential representative democratic republic with a prime minister as the head of government. The country has a multi-party system, and no single political group holds absolute power. The Romanian legal system is based on civil law, with the courts and public notaries serving as the main forwarding authorities for international judicial cooperation. Click here for information on How To Serve Legal Papers in Romania.

The Romanian courts involved in transmitting judicial documents include:

1. District Courts (Judecătoriile)
2. County Courts (Tribunele)
3. Courts of Appeal (Curțile de Apel)
4. High Court of Cassation and Justice (Înalta Curte de Casație și Justiție)

These courts are authorized to transmit judicial documents and serve judicial acts directly to receiving authorities in EU Member States. For extra-judicial documents, the district courts in the countries where the registered offices are located receive documents from notaries, bailiffs, and other competent agencies.

The Role of the Central Authority in Romania

Under the Hague Service Convention, each contracting state must designate a central authority to receive and process requests for service of documents from other member states. In Romania, the Ministry of Justice serves as the central authority, with the Judicial Cooperation Unit within the Ministry’s Division of International Treaties and Law responsible for handling cases related to business and civil matters. Click here for the Complete Breakdown of The Hague Service Convention Articles.

The Central Authority in Romania is tasked with several key responsibilities:

1. Receiving and reviewing requests for service from other contracting states to ensure compliance with the Hague Service Convention and Romanian law.
2. Arranging for the service of documents by a method prescribed by Romanian law or a particular method requested by the applicant, provided it is compatible with Romanian law.
3. Issuing certificates of service or non-service to the requesting authority.
4. Coordinating with Romanian courts and other competent authorities to facilitate the effective service of documents.

Real-World Example: Undisputed Legal, a private process-serving agency, frequently assists clients in serving legal documents in Romania through the Central Authority. In one case, a client needed to serve a summons on a Romanian company for a breach of contract dispute. Undisputed Legal prepared the necessary documents, including translations and the appropriate request forms, and submitted them to the Romanian Central Authority. The Central Authority reviewed the request, found it compliant with the Hague Service Convention and Romanian law, and arranged for the service of the summons on the defendant company through a local court. Undisputed Legal monitored the progress of the request and provided regular updates to the client, ultimately obtaining a certificate of service from the Central Authority, confirming the successful completion of the process.

Serving Documents in Romania: Civil Procedure and Requirements

When serving legal documents in Romania, adhering to the country’s civil procedure rules and requirements is essential. The process typically begins with the registration of the application with the court. A statement of claim can be filed in person, by proxy, by mail, by courier, by fax, or by scanning and sending via email or electronic document. Click here for more information on the Code Of Civil Procedure in Romania.

Once the court receives the application, it will serve the procedural papers through its procedural agents or other court employees at no cost to the parties. If this is not possible, the documents will be sent by registered mail with acknowledgment of receipt. Private process servers like Undisputed Legal can also serve procedural acts at the requesting party’s expense, with fees ranging from 20 to 400 Romanian leu (RON) for judicial executors.

It is important to note that Romania has specific requirements and restrictions when it comes to serving documents under the Hague Service Convention:

1. Romania is opposed to direct service or service by informal means.
2. Diplomatic or consular representatives may only serve documents on nationals of the country they represent.
3. Requests for relief must be filed within one year of the decision’s pronouncement.

Collaborating with an experienced process-serving agency like Undisputed Legal can help ensure that your documents are served in compliance with Romanian law and the Hague Service Convention, minimizing the risk of non-compliance and delays in your legal proceedings.

The Ministry of Justice: Romania’s Central Authority

As Romania’s designated central authority, the Ministry of Justice plays a crucial role in coordinating international judicial cooperation and overseeing the country’s legal system. The Ministry is responsible for developing public policies, strategies, and action plans related to the administration of justice, the suppression of corruption, and the handling of major crimes.

In addition to its domestic responsibilities, the Ministry of Justice is the liaison between Romania and other countries or international organizations in matters of judicial cooperation. This includes coordinating efforts to achieve specific benchmarks under the European Union’s Cooperation and Verification Mechanism and representing Romania in partnership with the European Commission.

The Ministry of Justice collaborates with various stakeholders in the Romanian legal system, such as the Superior Council of Magistracy, the Public Ministry, the National Union of Romanian Bars, the National Union of Notaries Public of Romania, and the National Union of Bailiffs, to ensure the effective functioning of the justice system and the implementation of its policies.

Notaries and Their Role in the Romanian Legal System

Notaries play a significant role in the Romanian legal system, particularly in preparing court documents and certifying copies and translations. Public notarial services are provided through civil-law notary chambers, notarial offices, and the National Centre for the Administration of the National Notarial Registers (C.N.A.R.N.N.). Click here for information on How To Overcome Language Barriers in Process Service.

Romanian notaries are responsible for drafting court documents at the request of litigants, verifying the parties’ identities, obtaining their consent, and witnessing the signing of documents. They may also be involved in matters related to inheritance, affirmation of facts, verification of seals and signatures, and the safekeeping of documents submitted by parties.

In addition to preparing court documents, notaries in Romania are authorized to certify copies and translations. Certified copies can be issued by notaries public, chambers of notaries public, Romanian diplomatic and consular missions abroad, and secretaries of local councils in cities and municipalities without public notary offices.

When certifying translations, notaries must ensure that a copy of the original accompanies the translated document, that all pages are properly stamped and signed by the certified interpreter or translator, and that the necessary conditions have been met. The notary’s stamp is applied to the margins of all pages, ensuring the integrity of the certified translation.

Powers of Attorney in Romania

Powers of attorney are essential documents in the Romanian legal system, allowing individuals to grant authority to others to act on their behalf in various legal matters. There are different types of powers of attorney, each with specific parameters and scopes of authority:

1. General power of attorney: Grants broad authority to the attorney to manage the donor’s affairs and estate.
2. Special power of attorney: Limits the attorney’s authority to specific actions, such as representing the donor in an inheritance matter, managing property or business, establishing a company, or purchasing securities or real estate.

To be valid in Romania, a power of attorney must be certified by a public notary. The donor’s physical presence is not always necessary, but they must provide identification documents and information. Foreign individuals can grant power of attorney to persons in Romania through a public notary in their home country, with some documents requiring an apostille certificate under the Hague Apostille Convention.

Powers of attorney can be issued for a specific duration, either by including an expiration date or by specifying certain events that will terminate the authority, such as the death of the mandator or mandatary, the completion of all actions listed in the document, the mandatary’s renunciation of duties, or the revocation of the mandate.

Conclusion

Understanding the role of the Central Authority in Romania is crucial for successfully navigating the process of serving legal documents in this jurisdiction. By working closely with experienced process serving agencies like Undisputed Legal, legal professionals can ensure that their documents are served in compliance with Romanian law and the Hague Service Convention, minimizing the risk of delays or non-compliance.

The Romanian legal system, with its specific rules and requirements for international judicial cooperation, civil procedure, notarial services, and powers of attorney, can be complex and challenging for those unfamiliar with its intricacies. Engaging the services of a knowledgeable process serving agency can help streamline the process, ensure adherence to local laws and international treaties, and ultimately contribute to the successful resolution of cross-border legal matters.

As the world becomes increasingly interconnected and the need for effective international judicial cooperation grows, the role of the Central Authority in Romania and other contracting states to the Hague Service Convention will only become more critical. By staying informed about the functions and requirements of these authorities and partnering with reliable process serving agencies, legal professionals can successfully navigate the complexities of serving documents abroad and achieve positive outcomes for their clients.

Written by: Undisputed Lega Inc.

Sources

¹ Ministry of Justice

Department of International Law and Treaties

Unit Of Judicial Co-Operation In Civil And Commercial Matters

Strada Apollodor 17

Sector 5 BUCURESTI

Cod 050741

Romania

² Brussels, 13 November 2007 (European Judicial Atlas-Service of Documents): Council Regulation (EC) No. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial issue

³ Provisions made for foreign judicial aid in civil and commercial issues in Law No. 189/2003, Article 32(1)(a) and (b))

⁴ Article 32(1)(c) of Law No. 189/2003 on international judicial assistance in civil and commercial matters

⁵ Sending applications and supporting materials via regular mail or fax is the most efficient method of receiving them. Languages permitted to fill in the standard form in Annex I (Article 2(4)(d))

⁶ Public documents sent to military bases, specialist courier services, post offices, or detention facilities are governed by Article 183 of the Code of Civil Procedure.

⁷ Article 192(2) and Article 199(1) of the Code of Civil Procedure.

⁸ Registered mail services are defined by Emergency Order No. 13/2013 on postal services (points 18, 10, and 11 of Article 2 and point 6 of Article 30).

⁹ According to Article 183 of Law No. 134/2010 on the Code of Civil Procedure, reprinted, as modified and now in effect, the posting date is the date on which the postal services collected the postal consignment. 

¹0 According to Article 154(1), (4) and (5) of the Code of Civil Procedure

¹1 Order No. 2550 of 14 November 2006 of the Minister for Justice.

¹2 The mechanism was established by European Commission Decision 2006/928/EC of 13 December 2006.

¹3In particular, according to the Law on Judicial Organisation (Law number. 304/2004 revised), the primary responsibilities of the prosecutor are  to:

1. participate in alternative dispute resolution processes according to the law and to conduct criminal procedures in accordance with the circumstances and cases authorised by the law;
2. to manage and oversee the operations of the judicial police as well as other criminal investigative agencies;
3. and  to initiate civil proceedings in accordance with the provisions of law;
   strive towards the consistent implementation of the state’s criminal policy by taking ensuring that facilities for preventive detention adhere to legal requirements;

¹4 According to statute no. 36/1995 (republished), anybody who meets the following requirements may become a civil-law notary:

1. the individual resides in Romania and is either a citizen of Romania, an EU member state, an E.U.A. member state, or a Confederation citizen;
2. has an adult’s mental ability;
3. has a rigorous legal education;
4. is free of any convictions stemming from transgressions committed while acting on the job or while knowingly committing another offence;
5. has an excellent reputation, as determined in accordance with the requirements set down in the Statute;
6. is fluent in Romanian;
7. has the physical and mental capacity to carry out the duties of his job;
8. has been practicing law for at least six years and has progressed the contest for admission to the position of civil-law notary; or
9. he has graduated from the Romanian Notarial Institute and promoted the completion exam;
10. or he has held the quality of notary on probation for two years.

¹5 The following types of official documents are encompassed by the Regulation:

1. birth, 
2. marriage,
3. death, 
4. domicile, 
5. criminal record, 
6. citizenship, 
7. decrees pertaining to civil status (divorce, adoption, etc.), and
8. divorce certificates.

¹6 Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents

¹7 The powers of attorney will also expire under the same legal laws that regulate the mandate, given that these provisions govern the consequences of the power of attorney to a great extent being:-

1. death, incapacity, or bankruptcy of the mandator or mandatary;
2. expiry of the period for which it has been laid forth;
3. revocation by the mandator; 
4. renunciation by the mandatary.