Within the paper there were briefly examined the provisions of the Treaty of judicial assistance between Romania and Serbia, of the European Convention on Judicial Assistance in Criminal Matters and the Romanian internal law. It has also been conducted a comparative examination of the Treaty provisions with the ones of the European Convention, as highlighted by the elements of similarity between the two international legal instruments. The novelty lies precisely in the carried out analyzes and in de lege ferenda proposal aimed at adopting a new bilateral legal instrument between the two countries, which would govern the institution of judicial assistance in criminal matters, in line with its development in at European level. The work can be useful both to academics and practitioners in the field.