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Romanian Legal Week: February 15-21, 2016

Adina Oprea
Adina
Oprea

The law on postal voting was adopted by the Government
The Romanian Government approved on Thursday, 18th February 2016, a decision stipulating that, starting with the parliamentary elections from this year, the Romanian citizens who have voting rights and their home or residence abroad will be able to exercise their electoral right by correspondence, according to a press release issued by the Romanian Government on Thursday, 18th February 2016.

Andreea Vicovan
Andreea
Vicovan

The Financial Supervisory Authority (ASF) further reduces its expenses and decreases market fees
The 2015 financial year of the Financial Supervisory Authority (ASF) was ended with the lowest annual expenses since its establishment, given the finalisation of the restructuring and reforming process of the institution, without however adversely affecting the performance of its specific activities, according to a press release from the ASF, released on Thursday, 18th February 2016.

The total volume of expenses last year was 120.7 million lei, down by more than 18% as compared to 2014, as shown by the budget execution audited by PricewaterhouseCoopers.

The Competition Council. Approval of taking over on the market of dialysis services
The Competition Council has authorized the takeover by SC Diaverum Romania SRL and SC Diaverum Holding S.A.R.L. of  SC International Healthcare Systems SA and of the nephrology activities of SC Inter Health Systems SA, according to a press release from the Competition Council, published on Thursday, 18th February 2016.

The Chamber of Deputies decided that a bill can no longer be implicit adopted
The board of the Chamber of Deputies decided on Wednesday, 17th February 2016, that a bill can no longer be implicit adopted, and the bills that have no report from commissions inside the deadline set by the Standing Bureau will be discussed without the report and voted, as website ziare.com quotes.

Amending the Methodological Rules regarding the Tax Code | Draft
The Ministry of Public Finance released on Wednesday, 17th February 2016, for public debate, the Draft Decision on amending and supplementing the Methodological Rules on application of the Law no. 227/2015 regarding the Tax Code, approved by Government Decision no. 1/2016.

Reconstituiton of property rights over forest land. Constitutionality
In the Official Gazette of Romania no. 71 of 1st February 2016 was published the Decision no. 748 of the Constitutional Court from 4th November 2015 regarding the exception of unconstitutionality of art. 35 par. (1) of the Law on territorial assets no. 18/1991 and art. 2 par. (1) and (2) and art. 24 par. (1), (12) and (14) of Law no. 1/2000 for the reconstitution of property rights over agricultural and forestry land, required according to Law on territorial assets no. 18/1991 and Law no. 169/1997.

The exception of unconstitutionality was claimed by the Romanian Academy, in a case registered at the Haţeg Court – Civil Division. The court decided:
– to admit the exception of unconstitutionality of art. 35 (1) of the Law on territorial assests no. 18/1991 and found to be constitutional insofar as the acquisition of the right of public property shall not be subject of expropriation, through its registration in the land registry.
– to dismiss as inadmissible the exception of unconstitutionality of art. 2 (1), art. 2 paragraph (2) and art. 24 par. (1), (12) and (14) of Law no. 1/2000.

Changing the rules for implementing the provisions concerning the award of public procurement contracts
In the Official Gazette of Romania, Part I, no. 115 of 15 February 2016 was published the Government Decision no. 66/2016 for amending and supplementing Government Decision no. 925/2006 on approving rules for implementing G.E.O. no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts (“G.E.O. 34/2006”).

Among the most significant changes:
– in case of termination of the public procurement contract due to the exclusive fault of the contractor, the contracting authority must issue the ascertaining document within 14 days from the date of termination;
– the conditions under which the bidder has the right to amend its technical bid and the financial bid are clarified. Thus, the bidder has the possibility to amend the technical proposal in case of minor technical deviations, which are based on obvious clerical errors that can be completed/corrected, in order to avoid submitting a new offer. Also, in terms of financial offer, in case of arithmetical errors that can be clarified under the conditions included in G.E.O. 34/2006, financial elements of the proposal will be corrected and hence the total price of the bid, by restoring the related calculations, based on data/information known by all participants, as they are provided in the applicable law, the tender documentation, and/or other documents submitted by bidder;
– the contracting authority is prohibited to use the qualification and expertise of the staff assigned to carry out the activities covered by the contract, as part of the qualification process and selection procedure for the award of the contract;
– in case the bidder/applicant demonstrates its economic and financial situation and/or technical and professional capacity by producing a commitment of support from a/third/third parties, the contracting authority is obliged to consider this submission when assessing the requirement/minimum requirements requested in the tender documentation.

Unconstitutionality. Provisions included in the Rules of Procedure of the joint sittings of the Chamber of Deputies and the Senate on the procedure for review of laws
In the Official Gazette of Romania, Part I, no. 117 of 16 February 2016 was published the Constitutional Court Decision no. 31/2016 on the admission of unconstitutionality notification regarding art. 56 para. (2) and (3) of the Rules of Procedure of the joint sittings of the Chamber of Deputies and the Senate.

Thus, the Constitutional Court decided that the provisions of art. 56 para. (2) and (3) are contrary to art. 77 para. (3) of the Constitution on the procedure for reviewing the law and to art. 147 para. (4) of the Constitution relating to generally binding nature of Constitutional Court decisions, for the following reasons:
– the criticized provisions do not provide the procedure for the final vote on the law in its entirety, after the debates taking place in the joint session of the Chamber of Deputies and the Senate are concluded and after conducting the vote on the report performed by the competent committees;
– the provisions are equivocal on whether the Chamber of Deputies and the Senate have the possibility to vote the rejection of the law, as a result of the re-examination initiated by the President of Romania, so that fail to observe the constitutionality exigencies on the quality of the law, respectively  they lack clarity, precision and predictability.

Law on community medical assistance | Draft
The Ministry of Health launched into public debate, on Monday, 15 February 2016, the Draft Law on community medical assistance.

Rules on information society services between Romania and EU Member States | Draft
The Ministry of Economy, Trade and Business Environment Relationship launched into public debate, on Monday, 15 February 2016, the Draft Decision for amending and supplementing Government Decision no. 1016/ 25 June 2004 regarding measures for organising and carrying out the exchange of information in the field of technical standards and regulations, as well as the rules regarding information society services between Romania and the EU Member States, as well as the European Commission.

The delegated regulation ref. Detailed rules for the safety features appearing on the packaging of medicinal products for human use
In the Official Journal of the European Union, series L 32, was published the Delegated Regulation (EU) 2016/161 of the Commission for supplementing Directive 2001/83/EC of the European Parliament and of the Council by laying down detailed rules for the safety features appearing on the packaging of medicinal products for human use.

Application methodological norms for Law on Social Economy | Draft
The Ministry of Labour, Family, and Social Protection launched into public debate on Friday, 12 February 2016, the draft of the Government Decision for approving the Methodological Norms of Law no. 219/2015 on social economy.

Small adjustment to the Romanian Tax Code
Article 465 (2) of the Tax Code was supplemented by adding paragraph (21), according to a press release issued by the Ministry of Public Finance on Friday, 12 February 2016.

The new paragraph inserted into art. 465 has the following content: “In case a tax payer owns several lands located within the buildable area of the same territorial-administrative unity/subdivision, the area of 400 sq.m. mentioned in para. (2) is calculated only once, by adding the land areas, in descending order.”

The Competition Council has conducted unannounced inspections at companies activating in the wood processing field
The Competition Council carried out unannounced inspections at the premises of four companies operating on the wood market (Kronospan Romania SRL, Kronospan Sebes SA, Alredia LLC and Lake Codrilor SRL), as well as at two forestry divisions, in Alba and Hunedoara, according to a press release of the Competition Council, published on Thursday, 11 February 2016.

Adina Elena Oprea
Andreea Vicovan

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