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Romanian Legal Week: August 8-14, 2016

Irina Horodincă
Irina
Horodincă
The Government issued the methodological requirements concerning the adoption law
The Government approved on 10.08.2016, during its session, the methodological requirements concerning the adoption law. The latter was previously modified and amended at the beginning of the year. The new law eliminated the intermediary administrative changes, namely the correspondence on paper between the General Directorate of Social Assistance and Child Protection and the National Authority for the Protection of the Rights of the Child and Adoption. Furthermore, the procedure regarding the matching of the children and the families became more flexible.
Ana-Maria Iliescu
Ana-Maria
Iliescu

New regulations for improving transparency and integrity regarding the capital market
The Government approved the draft law concerning issuers of financial instruments and market operations, a draft which contains provisions destined to contribute to an increase in transparency, integrity in the capital market and the competitivity of the inland issuers. More can be found here.

The use of data taken from the registry containing the names of passengers in order to prosecute crimes of terror
The Ministry of Internal Affairs launched a public debate regarding the draft law on the use of data from the registry containing the names of passengers in order to prevent, identify and prosecute crimes of terror and other serious crimes, as well as to prevent threats to national security.

The High Court of Cassation and Justice. Replacement of entities where unpaid community service work can be carried out
The High Court of Cassation and Justice decided that the entities where the person convicted with the conditional suspension of the execution of a sentence must carry out unpaid community service work can be replaced via an appeal against enforcement made by the probation service. During the enforcement of the judgment, the Probation Service B. noted that the institutions referred to by the judgement are not included in the list of the institutions available for carrying out unpaid community service work. Therefore, the High Court of Cassation and Justice decided that the aforementioned entities can be replaced.

The High Court of Cassation and Justice. Appeal lodged against a decision given on appeal
The High Court of Cassation and Justice found that an appeal lodged against a final ruling, issued as a result of exercising one’s right to appeal is inadmissible, as it violates the principle of unity. The legal possibility of issuing several appeals over a particular case is excluded, as the right to appeal provides for only one action. It follows that admitting the existence of legal remedies other than those enlisted in the Criminal Procedure Code breaches the principle of lawfulness and cannot be tolerated in our legal order.

High Court of Cassation and Justice. Appealing execution vs. Res Judicata
The High Court of Cassation and Justice found that the legal qualification of three separate counts of trafficking in human beings cannot be changed to one continued offense, since appealing enforcement cannot change the setting of a ruling without undermining the principle of res judicata. Such a legal remedy can only regard the execution of rulings. The substance and  legality of the decision triggering the proceedings cannot be scrutinized when appealing execution.

Pending at the Constitutional Court of Romania: possible unconstitutionality of art. 281 paragr. (1) (b) of the Criminal Procedure Code
A case centered on the analysis of art. 281 paragr. (1) (b) of the Criminal Procedure Code came before the Constitutional Court on 04.08.2016. According to the Court’s search engine, this is the first time the aforementioned provisions are subjected to constitutional review. The case is currently in the report phase. The paragraph, concerning the legal regime of absolute nullity, can be read in its entirety here.

Pending at the Constitutional Court of Romania: possible unconstitutionality of several Fiscal Code provisions
A case concerning art. 471 paragr. (2) and (4) of Law no. 227/2015 and of art. 471 paragr. (2) and (4) of the Fiscal Code respectively (case Miu Gheorghe) came before the Constitutional Court on 05.08.2016. According to the Court’s search engine, this is the first time the said provisions are subjected to constitutional review. The case is currently in the report phase. The provisions, concerning the registration of transportation means, can be read in full here.

The colorful Vaslui Penitentiary
On Sunday, 07.08.2016, the project ”A speck of color” came to an end at the Vaslui Penitentiary. During this event 34 artists from all over the country, students or representatives of various institutions volunteered together with 30 inmates and transformed the environment in a more colorful and friendlier one.

Irina Horodincă
Ana Maria Iliescu

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