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Romanian Legal Week: March 21-27, 2016

Irina Horodincă
Irina
Horodincă

The Superior Council of Magistracy – reestablishment of tutelage courts at the request of the Chamber of Notaries Public Bucharest
Commission no. 1 of the Superior Council of Magistracy, Independence and accountability of justice, the streamlining of its activity and the development of judicial performance, the integrity and transparency of the judicial system decided to forward to the Ministry of Justice the Bucharest Chamber of Notaries Public’s request regarding the reestablishment of tutelage courts and to further inform the requesting institution concerning the answer.

Ana-Maria Iliescu
Ana-Maria
Iliescu

The Superior Council of Magistracy will be involved in supporting the World Bank’s “Doing Business in Romania” project
The plenum of the Superior Council of Magistracy decided  that involvement in supporting the World Bank’s research “Doing Business in Romania”, financed by the European Commission is opportune. As a result, the Council will offer support to the both alternatives of the project which were requested by the World Bank, namely the facilitation of the collaboration with the presidents of courts in 9 targeted cities and the supply of statistical data.

Amendment to the Regulation on the functioning and the organization of the Directorate for Investigating Organized Crime and Terrorism
The Ministry of Justice’s Order no. 824/2016 concerning the amendment and completion of the Regulation on the functioning and the organization of the Directorate for Investigating Organized Crime and Terrorism was published in the Official Journal of Romania, part I, no. 203 (18.03.2016). The following categories of personnel were established: anti-fraud specialists, IT specialists and forensic technicians.

The Constitutional Court of Romania received an official delegation of the Constitutional Court of the Republic of Montenegro
At the invitation of Augustin Zegrean, the president of the Constitutional Court of Romania, a delegation of the Constitutional Court of Montenegro (judge Budimir Scepanovic and interpreter Vesna Bulatovic) made an official visit in Romania. The topics of the discussions ranged from the constitutional review to the jurisdiction of the constitutional courts and the appointment of judges to the constitutional courts.

The Minister of Justice participated in the opening of the high level seminar regarding the strengthening of the cooperation between states and the International Criminal Court
Raluca Prună, the Minister of Justice, participated on Monday, 21.03.2016, in the opening of the high level seminar regarding the strengthening of the cooperation between the states and the International Criminal Court, organized in Bucharest between 21 and 22 March 2016 by the International Criminal Court with the support of the Ministry of Foreign Affairs.

REACTIONS TO THE TERRORIST ATTACKS IN BRUXELLES
The Ministry of Foreign Affairs
The Ministry of Foreign Affairs firmly condemned the terrorist attacks in Bruxelles. Lazar Comănescu, the Minister of Foreign Affairs: “ We are appalled by these violent incidents and I wish to express my profound regret for the loss of human lives. I would like to transmit my sincere condolences to the affected families and our entire compassion to the wounded in the tragic events. In these difficult times it is important to prove solidarity at a European level in order to fight with determination and strength this scourge of the 21st century which continues to ruin innocent lives. I pledge the full commitment of Romania to the fight against terrorism at a European and international level. At the same time, the Ministry of Foreign Affairs does everything in its power to support the Romanian citizens in Bruxelles and their families. All the mechanisms applicable in crisis situations are deployed.”

The declaration of the Romanian Intelligence Service’s director
Eduard Hellvig, the director of the RIS firmly condemned the terrorist attacks in the capital of Belgium and assured the institutional partners of support in the fight against terrorism. In Romania, the National Terrorist Alert System is maintained at “Blue- cautious”. This means that, until that moment, there were no information leading to a direct link between the events in Bruxelles and the threat to national security. Nonetheless, the RIS took all the necessary measures in order to assure the safety of the Romanian citizens.

The Romanian Ombudsman
The Romanian Ombudsman expressed his profound compassion for the victims of the terrorist attacks in Bruxelles. At the same time, the Ombudsman expounded his solidarity with the people of Belgium and with everyone who supports the values of democracy, the protection of the fundamental human rights and the fight against terrorism.

The assembly of the Extraordinary Council Justice and Internal Affairs
Raluca Prună, the Minister of Justice, and Petre Tobă, the Minister of Internal Affairs, participated in the assembly of the Extraordinary Council Justice and Internal Affairs summoned in the light of the terrorist attacks in Bruxelles. During the assembly, the members of the council adopted a joint declaration aiming at the accelerated completion and enforcement of the legislation regarding the fight against terrorism.

The Superior Council of Magistracy. The minute of the Commission Streamlining the activity of SCM and of the coordinated institutions
The Superior Council of Magistracy published on Wednesday, 23.03.2016, the minute of the meeting of Commission no. 2, Streamlining the activity of the Superior Council of Magistracy and of the coordinated institutions, the partnership with the internal institutions and the civil society.

The constitutional challenge concerning the change of venue during the civil trial was admitted
The plenum of the Constitutional Court of Romania debated the constitutional challenge to art. 142, paragr. (1), first thesis and art. 145, paragr. (1) first thesis of the Civil Procedure Code on Thursday, 24.03.2016. The aforementioned articles regard the request to change the venue on the grounds of legitimate suspicion. The Court admitted the exception. More details can be found here.

The Romanian Academy’s point of view regarding the establishment of an alternative Academy in Romania
A draft law on the transformation of the Romanian Academy into the Romanian Academy of Sciences is perceived by the first as an attempt to establish an alternative institution, to the detriment of the Romanian Academy’s role of highest scientific and cultural forum of fundamental research. By expressing this point of view, the president of the Academy hopes that the deciding factors will analyze the relevant aspects and will stop the inflation of institutions that consume resources without any scientific, cultural or moral justification.

The Romania Police. The “Negligence, an open invitation to theft” campaign
The Romanian Police launched the “Negligence, an open invitation to theft” campaign which will take place between March and September 2016 on a national level. It will inform the population of Romania about the means to secure homes from theft.

Can trainee judges be members of the court’s board of management?
The plenum of the Superior Council of Magistracy acquiesced to the point of view of the Directorate legislation, documentation and contentious matters referring to art. 18, paragr. (13) of the Regulation concerning the internal organization of Romanian courts. The quality of trainee judge of a member of the court’s board of management cannot be an objective impediment for the latter’s assembly. Therefore, in what concerns the courts with more than 3 judges, the board of management will assemble and if trainee judges are among the personnel, they can be members of the aforementioned board.

The number of real estate transactions in 2015
The National Agency for Cadastre and Land Registration published a statement on Thursday, 24.03.2016. According to it, the most real estate transactions took place in 2015:
– Bucharest: 83.312 transactions;
– Ilfov County: 57.169 transactions;
– Timis: 44.218 transactions.

On a national level, approximately 6.4 million cadaster and land registration operations were recorded which was 600.000 greater than in 2014.

Irina Horodincă
Ana Maria Iliescu

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