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Romanian Legal Week: March 14-19, 2016

Adina Oprea
Adina
Oprea

Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
The Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings was published in the official Journal series L 65 dated 11.03.2016.

This Directive applies to natural persons who are suspects or accused persons in criminal proceedings, at all stages of the criminal proceedings, from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until the decision on the final determination of whether that person has committed the criminal offence concerned has become definitive.

Andreea Vicovan
Andreea
Vicovan

The content of forms provided for in Title III of the Tax Code | Draft
The National Agency for Fiscal Administration has launched for public debate on Friday, 11 March 2016, the draft of the Order for amending Order no. 52/2012 approving the template and content of forms provided for in Title III of Law no. 571/2003 regarding the Tax Code.

Methodology for certifying Centres of Expertise for rare diseases | Draft
The Ministry of Health launched for public debate on Friday, 11 March 2016, the draft of the Order on the organization, functioning and methodology for certifiying the Centres of Expertise for rare diseases.

The procedure for declaring incomes obtained from rental of goods | Draft

The National Agency for Fiscal Administration has launched for public debate on Friday, 11 March 2016, the draft of the Order for approving the procedure for declaring incomes obtained from rental of goods and for determining the taxes owed by taxpayers who qualify such income as income obtained from independent activities.

Commission Implementing Regulation (EU) 2016/323 of 24 February 2016 laying down detailed rules on cooperation and exchange of information between Member States regarding goods under excise duty suspension pursuant to Council Regulation (EU) No 389/2012
In the Official Journal of the European Union series L66/11.03.2016 was published the Regulation (EU) 2016/323 of 24 February 2016 laying down detailed rules on cooperation and exchange of information between Member States regarding goods under excise duty suspension pursuant to Council Regulation (EU) No 389/2012.

For the purposes of cooperation and exchange of information between Member States regarding goods under excise duty suspension, the Regulation lays down detailed rules concerning the following: the structure and content of the mutual administrative assistance documents exchanged through the computerised system, as well as the rules and procedures to be used by competent authorities exchanging mutual administrative assistance documents.

Launching the platform transparenta-bugetara.gov.ro
The Romanian Government and the Ministry of Finance launched on Friday, 11 March 2016, the platform transparenta-bugetara.gov.ro – the largest exercise of budgetary transparency in Romania.

Amendment of the National Education Law
In the Official Gazette of Romania, Part I, no. 182 dated 10 March 2016, was published the Government Emergency Ordinance no. 4/2016 for amending and supplementing the Law on national education no. 1/2011.

The amendment refers to the fact that a PhD diploma  ceases to produce legal effects once the withdrawal of the title is communicated.

Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work 
In the Official Journal of the European Union series L 65/11.03.2016 was published the Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work. The  purpose of the Platform is to provide input with added value at Union level in order to contribute to approaching the complex problem of undeclared work, also observing the national competences and procedures.

The content of forms used for declaring taxes under a self-assessment regime or taxes withheld at source | Draft
The National Agency for Fiscal Administration released on Monday, 14 March 2016, the draft of the Order for amending Order no. 587/2016 for the approval of the forms used for declaring taxes under a self-assessment regime or taxes withheld at source.

The Report of the European Judicial Network in civil and commercial matters
The European Commission released on Friday, 11 March 2016, a statement on the adoption of Activity Report of the European Judicial Network in civil and commercial matters which includes an analysis of the support granted by the network in the past 5 years for the the cooperation between Member States.

The draft of the Law on the pensions system and other social security rights of lawyers was adopted by the Deputies Chamber 
As of 16 March 2016, the Chamber of Deputies adopted the draft of the Law on the pensions system and other social security rights of lawyers. The new regulation will enter into force in 90 days after its publication in the Official Gazette an will also provide  the organization of the Lawyers’ Insurance House.

The Emergency Ordinance regarding measures for enforcing technical surveillance mandates during criminal proceedings 
In the Official Gazette of Romania, Part I, no. 190 dated 14 March 2016 was published the Government Emergency Ordinance no. 6/2016 on measures for enforcing technical surveillance mandates during criminal proceedings.

The decrease of income norm for agricultural activities | Draft
The Ministry of Health launched for a public debate, on Tuesday, 15 March 2016, the draft of the Order for approving the decrease of the standard income established for agricultural activities.

The High Court of Cassation and Justice. Revision of the proceedings by infraction of the law
The High Court of Cassation and Justice of Romania decided that the widening of the proceedings by admitting the participation of third parties, who come on the same position as the applicants, can be done only through the main intervention.

Revision of art. 2 of the Government Decision on the MDRAP organization | Draft
The Ministry of Regional Development and Public Administration launched on Wednesday, 16th March 2016, a public debate regarding the Draft of the Government Decision on amending the Article 2 of the Government Decision no 1/2013 on the organization and functioning of the Ministry of Regional Development and Public Administration.

The authorization and monitoring the insurance and reinsurance companies | Draft
The Financial Supervisory Authority launched on Wednesday, 16th March 2016, a public debate the Draft Rules regarding the authorization and monitoring the insurance and reinsurance companies.

Prosecutor’s Office attached to the High Court of Cassation and Justice. Edification regarding the status of complaints’ disposal of the Romanian Court of Accounts
Following the initiation of proceedings by the Court of Accounts, the prosecutors from the Department for guidance and control of the Prosecutor’s Office attached to the High Court of Cassation and Justice drafted a statement to the Public Ministry (which includes the specialized structures: the National Anticorruption Directorate and the Directorate for the Organized Crime and Terrorism Investigation) on the status of the cases which have dealt with the complaints mentioned above, which resulted in the following:

  • the number of the registered criminal cases: 1073;
  • the number of solved criminal cases: 531 (6 cases were registered in 2004), 78 of them are indictments and 453 of them are solutions not to indict;
  • the total amount of the prejudice: 142 million Euros;
  • the number of cases under disposal: 248 (registered between 2010-2015).

The interest rate paid in Euros on the required minimum reserves between 24 February-23 March 2016
In the Official Gazette of Romania, Part I, no. 194 of 16 March 2016, the Circular of the Board of the National Bank of Romania no. 6/2016  on the interest rate paid in Euros on required minimum reserves between 24 February-23 March 2016 was published.

According to this circular, starting with the application period, 24 February-23 March 2016, the interest rate paid in Euros on required minimum reserves is 0.07% per year.

Approval of the income and expenditure budget on 2016 of National Investment Company | Draft
The Ministry of Regional Development and Public Administration launched on a public debate on Wednesday, 16th March 2016, the Draft of the Government Decision regarding the approval of the income and expenditure budget on 2016 of the National Investment Company under the authority of the Ministry of Regional Development and Public Administration.

Regulations on increasing access to health services
The Government approved at the meeting on Wednesday, 16 March 2016, through a decision, the packages of medical services and the Framework-lease regulating the conditions for the provision of medical assistance, medicines and medical devices in the system of health insurance for the years 2016 -2017, according to a press release of the Romanian Government, published on Wednesday, 16 March 2016.

The legislative measure will come into force as on 1 April 2016.

Recommendations on the complaints regarding offenses on smoking in places forbidden by law
From 17th March 2016 came into force the Law no. 15/2016 amending and supplementing the Law no. 349/2002 on preventing and combating the effects of tobacco products, which prohibits smoking in all frowzy public places, frowzy workplace, means of transport, playgrounds for children, according to a press release of the Romanian Police.

A frowzy public space means any area accessible to the public or for community use, regardless the type of ownership or right to access, which has a roof, ceiling or covering and which is bordered by at least two walls, whatever their nature or the temporary or permanent character.

Initiation of proceedings on facts provided by the Law no. 15/2016 are made to local police or to the MAI (Ministry of Internal Affairs).

Romania will receive assistance from the European Investment Bank, the European Bank for Reconstruction and Development (EBRD) and the World Bank in implementing the projects financed from European funds
Romania will receive the expertise of the European Investment Bank (EIB), European Bank for Reconstruction and Development (EBRD) and World Bank (WB) regarding the modernization of public administration, supporting structural reforms and on preparing and implementing projects financed from European Structural & Investment Funds (ESIS) in order to increase the absorption rate in the current programming period 2014-2020 and preparing the next programming period, according to a press release of the Romanian Government, published on Wednesday, 16 March 2016.

The adoption procedures will be simplified
The Chamber of Deputies passed on Wednesday, 16 March 2016, the draft law amending and supplementing the Law no. 273/2004 regarding the adoption procedure, developed by the Ministry of Labor, Family, and Social Protection, according to a statement released on Monday, 16 March 2016.

Adoption can be achieved even if the parents or relatives could be found and even if they declare that they do not want to deal with the child, but later refused to sign the declarations that allow adoption of the child.

If after a period of 6 months from the establishing of special protection, the child’s parents and relatives up to the fourth degree are not found, the adoption proceedings can begin. The period of two years set for the validity of the status of adoptable child will be also removed.

Organizing the Inter-institutional Council on combating unfair competition
The government approved during the meeting on Wednesday, 16th March 2016, the organization and functioning of the Inter-institutional Council in combating unfair competition, according to a release of the Romanian Government, published on Wednesday, 16th March 2016.

This Council will be a consultative body, permanent and without legal personality whose purpose consists of defining and implementing public policies to combat unfair competition.

The revision of the Government Ordinance on the participation as a permanent member at the Permanent European Conference on Probation | Draft
The Ministry of Justice launched for public debate on Wednesday, 16th March 2016, the draft of the Law amending the Government Ordinance no. 81/1999 for approving the participation of the Ministry of Justice as a permanent member of the Permanent European Conference on Probation.

The Status of private pension at the end of 2015
The value of total assets under the management across the system of private pensions has increased steadily in 2015, reaching on 31 December 2015, 25.94 billion lei (about 6 billion), increasing by 28.62% compared to 2014, according to a statement from the Financial Supervisory Authority, released on Thursday, 17 March 2016.

At the end of last year, in December, there were registered in private pension system, 6.56 million participants, representing an annual advance of 4.18%.

The average contribution of the participants’ contributions in December 2015 was 113.21 lei, up 27% from the previous year.

Amendments of the Regulation regarding the application of Public Notaries Law | Draft
The Ministry of Justice launched for public debate on Thursday, 17 March 2016, the Draft Order of the Minister of Justice for amending the paragraph 1 of Article 331 of the Minister of Justice Order no. 2333/ C/2013 approving the Regulation regarding the application of Public Notaries and Notarial Activity Law no. 36/1995.

Approval of the standard form The Minute of observation and prosecuting offenses | Draft
The National Agency for Fiscal Administration released on Thursday, 17 March 2016, the Draft Order of N.A.F.A President for the approval of the standard form The Minute of finding and prosecuting offenses used by staff with tax audit, authorized by N.A.F.A.

Adina Elena Oprea
Andreea Vicovan

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