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Romanian Legal Week: April 11-17, 2016

Adina Oprea
Adina
Oprea

The Competition Council has authorized the takeover of Credit Europe Insurance Reinsurance by Ergo Austria International AG
The Competition Council has authorized the merger through which Ergo Austria International AG takes over Credit Europe Insurance Reinsurance SA, according to a statement released Thursday, 14 April 2016.

Andreea Vicovan
Andreea
Vicovan

Correction procedure for errors contained in the annual financial statements
In the Official Gazette of Romania, Part I, no. 274 dated 12 April 2016 the Minister of Finance has published Order no. 450/2016 approving the procedure for correcting errors contained in the annual financial statements and annual accounting reports submitted by economic operators and non-profit legal entities.

Law on measures for protection of crime victims | Draft
The Ministry of Justice launched for public debate on Wednesday, 13th April 2016, the draft of the Law on measures for protection of crime victims.

Eligibility rules applicable to expenditures within the Internal Security Fund and the Fund for asylum, migration and integration | Draft
The Ministry of Internal Affairs of Romania has launched for public debate on Wednesday, 13th April 2016, the Draft Order on amending and completion the Order of the Vice Prime Minister, The Ministry of Internal Affairs no. 76/2015 regarding the eligibility rules applicable to expenditures within the Internal Security Fund and the Fund for asylum, migration and integration.

Approval of the centralized inventory of goods from the public domain | Draft
The Ministry of Justice launched for public debate on Wednesday, 13th April 2016, the Draft of Government Decision on amending and supplementing the Annex no. 11 to Government Decision no. 1705/2006 approving the centralized inventory of goods from the public domain of the state.

Approval of the form through which banks transmit to National Agency for Seized Assets Management the situation of amounts of money seized by the prosecutor order or judge of preliminary chamber or the court closure, as well as the accumulated interests | Draft
The Ministry of Justice launched for public debate on Wednesday, 13th April 2016, the Draft Order of the Minister of Justice for approval of the form through which banks transmit to National Agency for Seized Assets Management the situation of amounts of money seized by the prosecutor order or judge of preliminary chamber or the court closure, as well as the accumulated interests.

Law on organization and operation of the Directorate for Investigating Organized Crime and Terrorism | Draft
The Ministry of Justice launched for public debate on Wednesday, 13th April 2016, the draft of the Law on organization and functioning of the Directorate for Investigating Organized Crime and Terrorism.

Course of action for implementing the Strategy for Development of the Judicial System for period 2015-2020
The Government approved in its meeting from 13th April 2016, the Course of action for implementing the Strategy for Development of the Judicial System for the period 2015-2020. The plan includes legislative, administrative and institutional measures that aim to increase the efficiency of the judicial system and the quality of justice act in behalf of citizens and businesses environment, according to a release of the Romanian Government, released on Wednesday, 13th April 2016.
The main types of actions included in the Plan are:
– Drafting and adopting legislative measures;
– Improving the current management at the level of the judicial system;
– Strengthening the institutions within the judicial system through ensuring the necessary human and financial resources;
– Strengthening the probation and penitentiary system;
– Development of IT projects and upgrading the existing hardware infrastructure.

New project to stimulate the efficient and steady development of the e-commerce system
The Ministry of Communications and Informational Society announced the signing of a financing contract within POCA 2014 – 2020, SIPOC 18 code, entitled “Improving the rules, procedures and mechanisms necessary for the Ministry of Communications and Informational Society with a view to further the development of the e-commerce sector” according to a statement of MCIS, released on Tuesday, 12th April 2016. The project aims to stimulate the efficient and steady development of the e-commerce system by improving the administrative capacity of MCIS.

The registration of medical device in the national database | Draft
The Ministry of Health of Romania launched on Tuesday, 12th April 2016, to the public debate the Draft Order on the registration of medical devices in the national database.

Approval of Accounting Regulations according to the International Standards of Financial Reporting applicable to credit institutions | Draft
The National Bank of Romania launched on Tuesday, 12th April 2016, to the public debate the Draft Order on amending and supplementing the NBR Order no. 27/2010 approving the Accounting Regulations according to the International Standards of Financial Reporting applicable to credit institutions, and NBR Order no. 6/2015 approving the Accounting Regulations according to the European directives.

Revision of the Regulation on administrative organization and operation of The High Court of Cassation and Justice
In the Official Gazette of Romania, Part I, no. 274 dated on 12th April 2016 was published the Decision no. 9/2016 of the College Board of High Court of Cassation and Justice amending and completing the Regulation on administrative organization and operation of the High Court of Cassation and Justice.

The legislative measure completes the regulation on administrative organization and operation of the High Court of Cassation and Justice, introducing provisions on examination measures of approaching the implementation of the technical supervision conducted by the criminal investigation authorities within the National Center for Communications Interception. Also, there are introduced new registers in order to track the activity of the High Court of Cassation and Justice.

Changing the Procedure for the publication of lists of debtors which are registered with outstanding tax obligations
In the Official Gazette of Romania, Part I, no. 274 dated on 12th April 2016 was published the Order no. 1164/2016 of the President of National Agency for Fiscal Administration amending the procedure for the publication of lists of debtors which are registered with outstanding tax obligations and the amount of these obligations, approved through the Order no. 558/2016 of the President of National Agency for Fiscal Administration.

According to the new legislative measure, there can not be subject to publication in the list of debtors with outstanding tax obligations those whose outstanding tax obligations are under the following limitations:
– 100.000 lei, where the accounts receivable are high taxpayer;
– 50.000 lei, where the accounts receivable act as middle taxpayer;
– 10.000 lei, in case of other categories of accounts receivable, including natural persons with outstanding tax obligations and carrying out economic activities independently or carry on free professions;
– 1.500 lei, in case of natural person debtor, other than those mentioned above.

Regulation implementing the law on execution of punishments and custodial measures
In the Official Gazette of Romania, Part I, no. 271 of 11 April 2016, was published the Government Decision no. 157/2016 approving the Regulation for implementing Law no. 254/2013 on the execution of sentences and custodial measures ordered by the court during a trial.

Amending the Statute of the National Union of Bailiffs
In the Official Gazette of Romania, Part I, no. 270 dated 8 April 2016 was published the Decision no. 1/2016 of the Extraordinary Congress of the National Union of Bailiffs for amending and supplementing the Statute of the National Union of Bailiffs and bailiff profession, approved through the Extraordinary Congress of the National Union of Bailiffs no. 19/2010.

Approving the Methodological Norms on the approval and authorization of fire safety and civil protection | Draft
The Interior Ministry has launched for public debate on Monday, 11 April 2016, the Draft of the Order of the Minister of Internal Affairs for approving the Methodological Norms on the approval and authorization of fire safety and civil protection.

:: The draft

Changing the law on preventing and combating violence at sports competitions and games | Draft
The Interior Ministry has launched for public debate on Monday, 4 March 2016, the draft of the Law for amending Law no. 4/2008 on preventing and combating violence in sports competitions and games.

:: The draft

Part I of the Official Gazette will be accessible online for free
The Senate passed on Monday, 11 April 2016, the draft according to which documents published in Part I of the Official Gazette will be available for free, permanently, in the online version, according to mediafax.ro.

European Commission. Investigation regarding state aid for Oltchim
The European Commission has opened an in-depth investigation to check whether debt cancellation by the Romanian state continuing to supply Oltchim by state enterprises, despite the deterioration of its financial situation, have been prepared in accordance with EU rules on state aid, according to a press release of the European Commission, released on Friday, 8 April 2016.

Adina Elena Oprea
Andreea Vicovan

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