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Romanian Legal Week: May 2-8, 2016

Raluca-Andreea Trînca-Gavan
Raluca-Andreea
Trînca-Gavan

Commissioning pay back law published in the Official Journal
In the Official Journal of Romania, part I, no. 330 from 28th April 2016 has been published Law no. 77/2016 regarding the commissioning pay back of some immovable assets in order to extinguish the obligations resulting from credit contracts.

The law is applicable to the credit contracts in progress at the time the law enters into force, as well as to the contracts that are concluded after this date. The law enters into force in 15 days after its publication in the Official Journal.

Ana Maria-Udriște
Ana-Maria
Udriște

Unconstitutional provision contained by the Labour Code
The Constitutional Court of Romania ruled on Thursday, the 5th of May, that the provisions of the Article 52, paragraph (1), letter a) of Law no. 53/ 2003 (Labour Code) are unconstitutional. The Court stated that suspension of the individual employment contract on the initiative of the employer during the preliminary disciplinary hearing is a disproportionate limitation of the right to work, guaranteed by the Article 41 paragraph 1 of the Romanian Constitution.

Law regarding the pensions system and other social insurances of the lawyers
In the Official Journal of Romania, part I, no. 342 from the 5th of May 2016, has been published Law no. 72/2016 regarding the pensions system and other social insurances of the lawyers.

The law establishes the standard age for retirement as 65 years old for both men and women lawyers.

Mission of the Subcommittee on the Prevention of Torture (SPT) in Romania
The Ministry of Justice gave to the public on Tuesday, the 3rd of May 2016, a statement regarding a mission of evaluation that the Subcommittee of the United Nations on the Prevention of Torture will held in Romania during May 3-12, 2016.

ECHR. Sentence against Romania – 3rd of May. Alexe against Romania
The European Court of Human Rights stated in the case Alexe against Romania the violation of the Article 6 § 1 of the European Convention of Human Rights. Prof. Iulia Motoc was one of the judges of the chamber.

Augustin Lazăr- General Prosecutor of the Office Attached to the High Court of Cassation and Justice
In the Official Journal of Romania, part I, no. 330 from 28th April 2016 has been published the President’s decree no. 444/2016 regarding the appointment of Augustin Lazăr as General Prosecutor of the Office Attached to the High Court of Cassation and Justice. The mandate is for a period of three years.

Raluca-Andreea TRÎNCĂ-GĂVAN
Ana-Maria UDRIȘTE

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