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Romanian Legal Week: July 11-17, 2016

Irina Horodincă
Irina
Horodincă

Raluca Prună participated in the informal meeting of the Justice and Home Affairs Council
Raluca Prună, the Minister of Justice, participated between 7-8 July, in the informal meeting of the Justice and Home Affairs Council which took place in Bratislava. Slovakia holds for the first time the Presidency of the Council of the European Union. The fight against fraud and the protection of the EU’s financial interests are among the priorities of the Slovak Presidency.

Ana-Maria Iliescu
Ana-Maria
Iliescu

Contribution of Romania to NATO Voluntary Fund for the support of the National Afghan Army | Draft
The Ministry for Foreign Affairs launched on Thursday, 14.07.2016, a public debate concerning the draft resolution regarding Romania’s contribution to the NATO Voluntary Fund in order to support the Afghan National Army. More details can be found here and here.

New President of the Romanian Constitutional Court
Newly appointed judges at the Constitutional Court, Livia Doina Stanciu, Marian Enache and Varga Atilla have pledged the oath before President Iohannis at the Cotroceni Palace, on Wednesday, 13.07.2016. Afterwards, the Plenum of the Court elected judge Valer Doneanu as the new President of the Court for the following three years.

Public revenues and expenditures for the first 6 months of 2016 were made public  
The Ministry of Public Finance updated the information available on-line regarding public revenues and expenditures in the spirit of budget transparency. Approximately 75.000 people accessed the platform transparenta-bugetara.gov.ro. The number of documents surpasses 1,55 million.

New calls for investment projects under state aid
The Ministry of Public Finance opened on Monday, 11.07.2016, an application session for state aid requests in order to stimulate investments which will potentially have a major impact on the economy. The requests can be submitted until 22.08.2016. The budget is RON 638 million.

National Agency for Fiscal Administration to refund VAT tax
The National Agency for Fiscal Administration will refund the VAT tax in July. The value of the refund exceeds RON 1.2 billion.

New tax incentive
Individuals who are engaged in applied research and/or technological development and who generate income from such activities may be exempt from taxation beginning with August 2016. This incentive has been added to article 60, point 3 of Law no. 227/2015 on the Fiscal Code. The subsequent criteria for such an exemption will be published by joint order of the involved ministries.The joint order will made public by 01.08.2016.

Professor Corneliu Bîrsan will continue his activity at the Law Faculty of the University of Bucharest
The Council of Bucharest University, Faculty of Law validated the following applications for the continuation of academic activity in the academic year 2016-2017: Prof. Corneliu Bîrsan PhD, Prof. Constantin Mitrache PhD, Prof. Emilian Stancu PhD, Prof. Ioan Muraru PhD, Prof. Emil Molcuț PhD, Prof. Dan-Drosu Șaguna PhD and Prof. Nicolae Culic PhD.

“Alexandru Ioan Cuza” University of Iași to supplement the committee responsible for awarding the title of Doctor Honoris Causa to Andrei Pleșu
On 30.06.2016, the Senate of “Alexandru Ioan Cuza” University of Iași supplemented the committee responsible for awarding the title of Doctor Honoris Causa to Andrei Pleșu with the following members: Prof. Tudorel Toader PhD and Prof. Antonio Patraș PhD.

Current situation in penitentiaries. Manifestations of detainees against detainment conditions
As of Thursday, 14.07.2016, the situation in the Romanian penitentiary units is as it follows:

– Iasi Penitentiary: 3 detainees escalated the roof, 69 detainees declined their meals;
– Botoșani Penitentiary: 6 detainees are protesting on the roof of the unit, 4 detainees are protesting on the roof of the yard, one prisoner climbed the relay near the entrance point, 202 prisoners declined their meals;
– Oradea Penitentiary: no manifestations, 6 detainees declined their meals;
– Miercurea Ciuc Penitentiary: no manifestations, one detainee declined his meals;
– Vaslui Penitentiary: no manifestations, 41 detainees declined their meals;
– Tulcea Penitentiary: no manifestations, 172 detainees declined their meals;
– Jilava București Penitentiary: no manifestations, 3 detainees declined their meals;
– Bistrița Penitentiary: no manifestations, 124 detainees declined their meals;
– Aiud Penitentiary: no manifestations, 27 detainees declined their meals;
– Bacău Penitentiary: no manifestations, 36 detainees declined their meals;
– Arad Penitentiary: no manifestations, one detainee declined his meals;
– Mureș Penitentiary: no manifestations, 11 detainees declined their meals;
– Focșani Penitentiary: 7 prisoners are protesting on the roof of the unit;
– Galați Penitentiary: one detainee is protesting on the roof of the boiler room, one detainee declined his meals;
– Brăila Penitentiary: no manifestations, one detainee declined his meals;
– Poarta Albă, Giurgiu, Deva, Mărgineni: all detainees received their dinner.

The Romanian Ombudsman observed ex officio the incidents at the Iași Penitentiary
The Romanian Ombudsman observed ex officio and started an investigation regarding the recent incidents at the Iasi Penitentiary, where several detainees set fire to a cell and climbed on the roof protesting against the detention conditions. Victor Ciorbea, the Romanian Ombudsman, advised the detainees to cease protesting and to peacefully and legally discuss the matter with the authorities’ representatives.

Romania’s Directorate for Organized Crime and Terrorism- Pitești. Human trafficking, trafficking in children. Searches at the homes of the suspects
On 13.07.2016, Romania’s Directorate for Organized Crime and Terrorism prosecutors undertook 40 searches at the homes of suspects in Argeș county, aiming at destructuring several organized criminal groups specialised in human trafficking and trafficking in children. Approximately 65 persons were held captive, sometimes chained, abused, malnourished, forced to work and coerced to fight each other for around eight years in a southern rural region of Romania.

Situation of Argeș locals who were captured and subjected to forced labor, in attention of the Romanian Ombudsman
According to a release published on 14.07.2016, the Romanian Ombudsman initiated the proceedings regarding the situation of the children and adults of Argeș county who were kidnapped and subjected to forced labor. The proceedings are currently centered on a possible breach of articles 22 and 49 of the Romanian Constitution, regarding the right to life, the integrity of the person and the protection of children and young persons.

Romanian Ombudsman initiates proceedings regarding the case of a patient photographed with a worm infested injury
According to a release published on 14.07.2016, the Romanian Ombudsman initiated the proceedings regarding the situation discovered at the Emergency Hospital for Plastic Surgery and Burns Bucharest, where a patient supposedly died because of a wrong blood transfusion and another, photographed having a worm infested injury, has also subsequently died. The proceedings are currently centered on a possible breach of articles 22 and 24 of the Romanian Constitution, regarding the right to life, the integrity of the person and the right to health.

Unconstitutionality. Art. 434, paragr. (1), first thesis of the Romanian Code of Criminal Procedure
Tuesday, 12.07.2016, the Plenum of the Constitutional Court of Romania analysed the constitutional challenge of art. 434, paragr. (1), first thesis of the Romanian Code of Civil Procedure. With a majority of votes, the Court established that the legislative solution proposed by the aforementioned article which states that decisions issued by the High Court of Cassation and Justice after a judgment of appeal can not be reviewed, is unconstitutional.

New JURIDICE.ro project: LUCRĂRI.JURIDICE aimed at publishing the best and most interesting Bachelor, Master, PhD theses. Free access
More details can be found here.

Irina Horodincă
Ana Maria Iliescu

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