Ordin de confiscare. Competenţe de confiscare extinsă incompatibile cu dispoziţiile legislaţiei române în materie. Motive facultative de nerecunoaştere/neexecutare

Confiscation order. Extended confiscation powers incompatible with the provisions of the Romanian laws in the matter. Optional reasons of non recognition/non enforcement

Abstract

A ground for refusal of recognition of the confiscation order, in relation to which it is possible to be any discussions is the ground laid down in Art. 262 para. (1) letter i (Art. 321 para. (1) letter i - at present) of Law no. 302/2004 (according to which the confiscation decision was delivered according to the extended confiscation powers, not being compatible with the provisions of the domestic law in the matter).

Law provides for the possibility of the Romanian authority to refuse the recognition, and not the obligation, as it understood to expressly provide for in other cases regulated by the same law.

Therefore, taking into consideration the...