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Law No. 361 Of 11 December 2007

Original Language Title:  LEGE nr. 361 din 11 decembrie 2007

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LEGE no. 361 361 of 11 December 2007 for the ratification of the Convention on jurisdiction, applicable law, recognition, enforcement and cooperation on parental responsibility and measures on the protection of children, adopted in The Hague on 19 October 1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 895 895 of 28 December 2007



The Romanian Parliament adopts this law + Article 1 The Convention on jurisdiction, applicable law, recognition, enforcement and cooperation on parental responsibility and measures on the protection of children, adopted in The Hague on 19 October 1996, signed by Romania on 15 November, shall be ratified. 2006. + Article 2 (. On the occasion of the deposit of the instrument of ratification, Romania shall make the following statements a) in accordance with the provisions of paragraph ((1) of art. 29 of the Convention, shall be designated the National Authority for the Protection of the Rights of the Child as central authority for carrying out the obligations established by it; b) in accordance with par. ((2) of art. 34 of the Convention, Romania declares that the applications received according to par. ((1) of art. 34 shall be transmitted to its authorities only through its central authority, namely the National Authority for the Protection of Child Rights; c) pursuant to paragraph 1. ((3) of art. 40 of the Convention, the Romanian authority competent to issue the certificate provided in par. (1) and (2) of the same article is the Bucharest Court; d) in accordance with art. 44, requests made according to art. 8 and 9 are transmitted through the Ministry of Justice, and those formulated according to art. 33 are transmitted through the National Authority for the Protection of Child Rights. (. On the occasion of the deposit of the instruments of ratification, pursuant to art. 2 2 of Council Decision 2003 /93/EC COMMISSION DECISION of 12 December 2002 authorising Member States, in the interests of the Community, to sign the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation on parental responsibility and on measures relating to protection of children, published in the Official Journal of the European Communities (JOCE) no. of 21 February 2003, Romania declares the following: " Articles 23, 26 and 52 of the Convention allow the contracting states a certain degree of flexibility, aimed at applying a simpler and faster procedure for the recognition and enforcement of judgments. Community rules provide for a system of recognition and enforcement which is at least as favourable as that provided for by the Convention. Consequently, a judgment given in a Member State of the European Union, relating to the matter concerning the Convention, is recognised and enforced in Romania by the application of the relevant internal rules of Community rights. ' + Article 3 On the occasion of the accession instrument, Romania shall make the following reservation: "" According to art. 60 in conjunction with para. ((1) of art. 55 of the Convention, Romania reserves: a) the competence of its authorities to take measures to protect the child's property located on its territory; b) the right not to acknowledge parental responsibility or measures that are incompatible with the measures taken by its authorities regarding these goods. " * This law transposes Council Decision 2003 /93/EC COMMISSION DECISION of 12 December 2002 authorising Member States, in the interests of the Community, to sign the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation with regard to parental responsibility and measures concerning protection of children, published in the Official Journal of the European Communities (JOCE) no. L 48 of 21 February 2003. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, RADU MIRCEA BERCEANU Bucharest, December 11, 2007. No. 361. CONVENTION 19/10/1996