Romanian Legal Week: May 16-22, 2016

Irina Horodincă

The establishment of the National Agency for Protected Natural Areas
Law no. 95/2006 establishing the National Agency for Protected Natural Areas and amending the Emergency Ordinance no. 57/2007 concerning the regime of protected natural areas, conservation of natural habitats, wild flora and fauna has been published in the Official Gazette of Romania, part I, no. 369, on the 13.05.2016.

Ana-Maria Iliescu

The National Agency for Protected Natural Areas is subordinated to the central authority for environmental, water and forest protection. It receives financial support from public funds and also has its own revenue. The main activities of the Agency will consist of proposing strategies and programs in the fields of protected natural areas, flora and fauna, verifying and approving conservation measures, management plans and regulations of protected natural areas and forwarding them to the central authority for environmental, water and forest protection.

The Agency for Protected Natural Areas will be led by a president and two vice-presidents, named by order of the Prime Minister. It will also have a central apparatus and subordinated offices throughout the country. The minimum number of employees will be 90 for the main office and 400 for the subordinated institutions.

The National Agency for Fiscal Administration: Natural taxpayers with tax arrears
According to a press release published on the 16.05.2016, the National Agency for Fiscal Administration has released a list of 187.230 natural taxpayers who, as of 31.03.2016, have tax debt higher than 1.500 RON. The list can be accessed here.

The National Agency for Fiscal Administration: Deadline for declaring income
According to a press release published on the 17.05.2016, the deadline for submitting Form 200 concerning income earned in Romania is the 25.05.2016. The form can be filled in online by individuals who earn income from:
– Independent activities;
– Rental and leasing;
– Agricultural activities (if the net income is determined in the real system);
– Fish farming;
– Forestry;
– Security transfers (other than shares and securities of closed companies)
– Contract based currency sales;

The Government approved the list of fields of study, majors/programs of university studies and the structure of the higher education institutions for the academic year 2016-2017
The most significant amendments are:
– the establishment of a new science branch, “Informatics” within the fundamental field of “Mathematics and natural sciences”
– the introduction of three new majors which aim at a correlation between the education received by university graduates and the present labor market trends: “Roads, bridges and infrastructures” (undergraduate, Civil Engineering), “Energetic materials and CBRN defense” (undergraduate, Armament, rockets and ammunition Engineering) and “Aeronautical design” (undergraduate, Aerospace engineering).
– the major “Transmissions” (undergraduate, Electronic engineering, telecommunications and informational technologies) became “Communications for defense and security” within the same undergraduate area.

The Superior Council for Magistracy contends for adding 244 judge posts
During the meeting held on the 12.05.2016, the Superior Council for Magistracy endorsed the draft Emergency Ordinance for the modification and completion of Law no. 286/2009 concerning the Penal Code and of Law no. 135/2010 concerning the Code of Penal Procedure. In this particular context, the Council finds a Government Decision supplementing the number of judges and clerks even more necessary. The entire agenda can be found here.

Global Accessibility Awareness Day
Dragoș Pîslaru, the Minister of Labour, Family, Social Protection and the Elderly, participated on Thursday, 19.05.2016, in the celebration of the Global Accessibility Awareness Day. The event took place at the National Authority for the Persons with Disabilities headquarters.

The election of the president of the Council of the Romanian National Union of Judicial Enforcement Officers via open ballot was suspended
The Târgu Mureș Court of Appeal, Section II for contentious administrative and tax matters, admitted the suspension request lodged by defendant Eugen Huruba (judicial enforcement officer) and suspended the enforcement of art. I, pt. 2 and pt. 3 of the Extraordinary Council of the NUJE’s Resolution no. 1/31.03.2016 and ordered the completion of the by-laws of both the NUJE and of the judicial enforcement officers’ profession until the awarding of a solution on the action regarding the annulment of this administrative document.

The High Court of Cassation and Justice. Clarification of legal problems concerning the indefeasibility of declaratory actions regarding one’s right to be placed within an occupational category
Interpreting and applying art. 35 of the Code of Civil Procedure, art. 111 of the 1865 Code of Civil Procedure and art. 268 of the Labour Code, the declaratory actions regarding one’s right to be placed within an occupational category according to the dispositions of the Order no. 50/1990 are ordinary declaratory legal actions and are indefeasible.

Irina Horodincă
Ana Maria Iliescu

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