Romanian Legal Week: March 28 – April 3

Anda-Laura Tanase

International Law – Romania is supporting the Republic of Moldavia in implementing the unique system for 112 urgent calls
Raed Arafat, the state secretary of the Ministry of Foreing Affairs in Romania, affirmed that Moldavia will be supported by Romania in developing the urgent medical assistance. The Romanian official visited Chișinău, honoring the invitation that the Minister of Health, Ruxandra Glăvan had made, visit that aims supporting the Moldavian authorities in finding the most efficient method of implementing the unique system for 112 urgent calls.

Cosmina Sima

European Union Law. Banking. The new European Directive referring to the mortgage loans
The new European directive reffering to the mortgage loans became effective on Monday, 21st March 2016. The directive regards amending the measures for European consumers protection by implementing practices responsible for lending all over European Union, according to a handout of the European Commission published on Friday, 25th March 2016.

NARB. The Code of professional conduct, ethics and deontology of the Romanian lawyer
The National Association of Romanian Bars has published Saturday, 26th March 2016,  Decision no. 8 referring to the elaboration and enactment of the Code of professional conduct, ethics and deontology of the Romanian lawyer, adopted by the Lawyers Congress, Congress that was held between 25th and 26th March 2016 in Bucharest.

Intelectual Property – European Commission. Public debate on copyrights
The European Commission launched, on 23rd March 2016 a public consultation as part of efforts to adapt to the digital era of EU rules on copyright. Can be sent in this regard, opinions on the role of publishers in copyright value chain, including the possible extension of rights related to them, according to a press release of the European Commission, released on 23rd March 2016. The deadline for participation is June 15, 2016.

Public consultation is addressed to interested parties from publishing or digital economy sectors, such as authors, researchers, publicists, publishers, online service providers, readers, internet users and other people from the creative industries.

Constitutional Court. Exercise of judgement by the Preliminary Chamber judge
In the Official Gazette of Romania no. 189 from 14th March 2016 was published the Decision of Constitutional Court. no. 901 from 17th December 2015 referring to the unconstitutionality exception of the provisions of the Article 3 paragraph 3 and Article 346 paragraph 7 from the Penal Procedure Code.

The Court declined the exception on the grounds that the Preliminary Chamber judge should not be competent of exerting the judgement function because the simple fact for the judge to have taken a decision before the trial cannot be always considered as justifying, by itself, an assumption of partiality regarding him. What must be taken into consideration is the expansion and importance of the decision. The preliminary appreciation of the data that is found in the file cannot represent the fact that it may be able to influence the final appreciation. What interests is the fact that this appreciation must be made at the time of making the decision and it must be based on the elements from the file and on the public debates from the trial.

Criminal Law. The procedure for adjudging the lease contract that regards implementing the system of making phone calls by the incarcerated persons | Project
National Administration of the Penitentiaries issued on Monday, 28 March 2016, the Project of Decision referring to the enactment of the Procedure for adjudging the lease contract that regards implementing the system of making phone calls by the incarcerated persons (line telephony).

:: Project of the Decision
:: Addendum 1
:: Guidebook regarding reference book

Romanian Intelligence Service about the information revealed regarding the prepaid cards
Wednesday, 30th March 2016, Romanian Intelligence Service published the next handout referring to the information revealed regarding the prepaid cards:

“RSI investigates, cooperating with the institutions from the National System of Preventing and Combating the Terorism and international partners, the usage of Romanian prepaid cards in areas where terroristic organisations activate.

In Romania, individuals that are affiliated in terroristic organisations have used prepaid cards to communicate abroad. The investigation regards, also, the possibility of the usage of this kind of cards in the extremist attacks in Europe. Moreover, recent information denote threatenings to transport facilities in an European state made using thins kind of cards. (…) ”

Interim General Attorney gives up on his Ph.D.
Bogdan Licu, primary adjunct of the Attorney General, has announced that he recedes from the Doctor title, acquired in 2011, at the National Academy of Information “Mihai Viteazul”, asserting that he has personal reasons to make this decision.

Bogdan Licu: “Yes, about a month ago I wrote an application addressed to the Ministry of Education in which I requested the revocation of the Doctor title. I did this for personal reasons. It was a tough decision, but I want to mention that I did not plagiarize in that thesis.” 

Anda-Laura Tănase
Cosmina Sima

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