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Romanian Legal Week: June 13-19, 2016

Irina Horodincă
Irina
Horodincă

The European Commission supports high-end technology in Romania
According to a press release issued on 10.06.2016, the European Commission has approved the second phase of project Extreme Light Infrastructure – Nuclear Physics (ELI-NP), currently being carried out at Măgurele, Romania, thus allocating over 140 million euros from the European Regional Development Fund to its further progress.

Ana-Maria Iliescu
Ana-Maria
Iliescu

European funds enabling the fight against poverty and social exclusion
Corina Crețu, European Commissioner for Regional Policy, met the Romanian Minister of Labour, Family, Social Protection and Elderly, in Bruxelles, on Tuesday, 14.06.2016. The discussions regarded the national package of anti-poverty measures, the urban agenda and the integration of marginalized communities.

European Funds for the thermal rehabilitation of public buildings in Romania
Corina Crețu, European Commissioner for Regional Policy, met Raluca Prună, the Romanian Minister of Justice, on 13.06.2016, in Brussels. Their discussions regarded problems of the Romanian penitentiary system and the investment opportunities concerning the energetic efficiency of public buildings, according to a release of the European Commission. 439 million euros from the European Regional Development Fund will be used for the thermal rehabilitation of public buildings in Romania.

Romania signed a financing agreement regarding environmental projects with the European Investment Bank
The European Investment Bank offered Romania a 300 million euro loan, supporting the environmental projects within the framework of the Operational Program “Infrastructure and Environment” 2014-2020, according the Ministry of Public Finances. Anca Dragu, the Minister of Public Finances, declared that this agreement is proof of the good collaboration between Romania and the European Investment Bank and of the constant support given by the latter in the view of increasing EU funds absorption capacity in Romania.

Augustin Lazăr’s meeting with U.S. Ambassador in Romania
Mr. Augustin Lazăr, the general prosecutor of the Prosecutors’ office attached to the High Court of Cassation and Justice had a meeting with Mr. Hans Klemm, the Ambassador of the United States of America to Romania. The American Official was accompanied by Ms. Marisa Mac Isaac, attache for political problems. During this meeting issues regarding the collaboration between judicial authorities in Romania and in the United States of America were discussed. Fighting against transnational and organized crime was one of the subjects. The American Ambassador made available his support for the Romanian judicial authorities in the sense of the professional improvement of prosecutors who are active in high-priority areas, as established by the Public Ministry.

The National Integrity Agency Romania. Strategy for avoiding conflicts of interest
The National Integrity Agency Romania published on Tuesday,14.06.2016, the Strategy regarding the prevention and the penalty proceedings in the matter of conflicts of interest, incompatibilities and unjustified fortunes. The aforementioned strategy can be found here.

The Minister of Labour, working visit to Brussels and Luxembourg
Dragoș Pîslaru, the Romanian Minister of Labor, paid a working visit to Brusells and Luxembourg between 14-15 June 2016, where he met several Romanian and European officials and participated in the EPSCO Council at Luxembourg.

The 2016-2020 national anti-corruption strategy | Draft
The Ministry of Justice launched a public debate on Friday, 17.06.2016, concerning the Draft Government Resolution regarding the 2016-2020 national anti-corruption strategy, the set of indicators, the risks associated with the objectives, the related measures and the verification sources, the inventory of institutional transparency and corruption prevention measures, as well as the necessary standard for publishing information of public interest.

A guide on the neutrality of the internet
The National Authority for Management and Regulation in Communications Romania launched a public consultation on the subject of the BEREC Net Neutrality Guidelines. Details on this can be found here.

National Authority for Consumer Protection. 2016 seaside regulation
The National Authority for Consumer Protection issued a  2016 seaside regulation, according to a release. Its purpose is the prevention and rebuttal of practices which endanger not only consumers’ life and health, but also their economic interests. The regulation will be in force between 15 June and 15 September.

The Ministry for Communication and Informational Society has postponed public debate for the Smart City in Romania concept
According to a MCIS press release, the new deadline for sending proposals and ideas concerning the next Smart City in Romania is June 25th. The proposals, titled Smart City Romania, must be sent at one of the following e-mail addresses: eromania@info.ro, propuneri@msinf.ro, cabinetministru@msinf.ro.

The Ministry for Communication and Informational Society launches call for proposals
According to a press release issued on Wednesday, the 15.06.2016, MCIS has launched a call for proposals concerning action 2.3.1. Strengthening and ensuring the interoperability of information systems dedicated to e-government services type 2.0, centered on citizens and businesses’ life events, the development of cloud government computing and social media communication, of Open Data and Big Data – Section Big Data. Registration of proposals is carried out online beginning with the 9th of June, 9 A.M, lasting until the consumption of the allocated budget for said call.

National Committee for Financial Stability Recommendation for the Romanian National Bank
During an ordinary meeting held on Thursday, 16.06.2016, the National Committee for Financial Stability has recommended that the Romanian National Bank maintain the capital anti-cyclic safeguard for financial institutions to 0 (zero) percent, level implemented beginning with the first of January 2016.

The Methodological Norms for implementing the new laws concerning public acquisition and sector acquisition contract attribution have been adopted
On 06.06.2016, the Methodological Norms concerning the new legislative package on public and sector acquisitions have been published in the Romanian Official Gazette no. 422 and 423. They have been approved through:

-Decision no. 394/2016 for the approval of methodological norms concerning the attribution of sector contracts/framework agreements from Law no. 99/2016 regarding sector acquisitions.
-Decision no. 395/2016 for the approval of methodological norms concerning the attribution of public acquisition contracts/framework agreements from Law no. 98/2016 regarding public acquisitions.

By approving the methodological norms, the laws concerning public acquisitions and public sector acquisitions can be fully enforced, as the norms provide the necessary details regarding the organization of attribution procedures.

Amendments to the Functioning Statute of the Directorate for Investigating Organized Crime and Terrorism Offenses (DIICOT)
The Order Project for amending and complementing the Functioning Statute of the Directorate for Investigating Organized Crime and Terrorism Offenses (DIICOT), approved by Order no. 1226/C/2009 of the minister of justice has been released for public debate on the Monday, 13.06.2016, by the Ministry of Justice.

Complementing the Law on the Fiscal Code | Project
The Government Ordinance Project for the completion of Law no. 227/2015 on the Fiscal Code and the regulation of several financial-fiscal measures has been released for public debate on Thursday, 16.05.2016, by the Ministry for Public Finance. More information here and here.

Amendments to the Government Ordinance concerning certain regulations in the financial field |  Project
The Emergency Ordinance Project for the modification of Government Ordinance no. 86/2003 concerning certain regulations in the financial field has been released for public debate on Thursday, the 16th of June, by the Ministry for Public Finance. More information can be found here and here.

Amendments to Government Decision concerning the functioning of the National Agency for Fiscal Administration
The Decision Project on the modification and completion of Government Decision no. 520/2013 concerning the organization and functioning of the National Agency for Fiscal Administration  has been released for public debate on Thursday, 16.06.2016, by the Ministry for Public Finance. More information can be found here and here.

Mandatory liability insurance for damages caused to third parties by motor vehicle accidents
The Law Project regarding mandatory liability insurance for damages caused to third parties by motor vehicle accidents has been released for public debate on Thursday, 16.06.2016, by the Ministry for Public Finance. More information can be found here and here.

Romania’s Constitutional Court: Abuse of Public Office Reloaded
On 15.06.2016, Romania’s Constitutional Court has settled the exception of unconstitutionality concerning abuse of public office and established that art. 246(1) of the 1969 Penal Code and art. 297(1) of the current Penal Code are constitutional as long as the terms „improperly performs” will be interpreted as „performs by disregarding the law”. Thus, it rejects the exception of unconstitutionality as unfounded and ascertains that art. 13 of Law no. 78/2000 is also constitutional.

Mediation in criminal cases is constitutional
On 16.06.2016, the Constitutional Court of Romania gave a decision concerning mediation in criminal causes. The latter is constitutional if the mediation agreement regarding crimes that allow the parties to reconcile is concluded before the date of the writ of summons. Therefore a time limit is established, exactly the way it appears in what regards the reconciliation of the parties.

Irina Horodincă
Ana Maria Iliescu

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