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Romanian Legal Week: September 12-18, 2016

Anda-Laura Tănase
Anda-Laura
Tănase

CCR. Unsolved civil action in case of cease of criminal law suit as a result of the prescription of criminal liability
Tuesday, 13th September 2016, Constitutional Court Plenum debated the constitutional challenge of the disposals of Article 25 Paragraph 5 from Code of Criminal Law Procedure, referring to the disposals of Article 16 Paragraph 1 Point f) from the same normative act, according to a handout of the Constitutional Court, published on Wednesday, 14th September 2016.
The Court, unanimously, ruled that the disposals of Article 25 Paragraph 5 from Code of Criminal Law Procedure, referring to the disposals of Article 16 Paragraph 1 Point f) are unconstitutional referring to the civil action let unsolved by the criminal court in case of cease of criminal law suit as a resulf of the prescription of criminal liability.
These disposals break the victim’s or his successors right to a fair trial as long as they bring the civil action in the criminal proceedings. The disposals conflict with the disposals of Article 21 Paragraph 3 from Constitution and Article 6 from The Convention for the Protection of Human Rights and Fundamental Freedoms.

Cosmina Sima
Cosmina
Sima

HCCJ. Action having as an object the refund of the amount of money that was gained during the marriage, under undue payment
The High Court of Cassation and Justice has ruled that, when one of the ex-partners requests the other one, using an action that has as an object undue payment or unjust enrichment, the refund of some amounts of money that represent income from work gained and submitted in a bank account during the marriage, the claimer does not have standing to bring proceedings, because the economical relations between the partners based on legal matrimonial regime of community of property resides in the fact that the goods that are earned by any of them are, since the date of their earning, goods in common indivisible ownhership and the freeze of the indivisible ownhership is achieved only through partition. (Decision no. 358 from 4th February 2015 pronounced in appeal by The Second Civil Department of the High Court of Cassation and Justice, covering undue payment)

HCCJ. Remission of the divorce petition. Effects on competence for solving the counterclaim
The High Court of Cassation and Justice has ruled that the claimant’s remission of the divorce petition does not affect the competence for the counterclaim, through which it was requested the dissolution of the marriage, that is also in the competence of the court that solves the principal claim, as it results from the interpretation of Article 915 and 917 Paragraph 2 Code of Civil Law Procedure. (Decision no. 99 from 21st January 2016 pronounced in appeal by The First Civil Department of the High Court of Cassation and Justice, covering divorce claim)

RCA tariffs will be capped by the Government for a 6 month period at a level determined by AFS
The Government adopted on Wednesday, 14th September 2016, using a Goverment Emergency Ordinance, the normative cadre to facilitate the resolution of the signaled problems on the RCA insurance market. The ordinance offers the posibility for the Authority of Financial Supervision (AFS) to decree, for a period of 6 months, a RCA target price applied to pshysical and juridical persons, according to a handout of Romanian Government. The normative act was adopted given the exceptional circumstances that directed to a major unbalance between claim and offer, the certain disfunctionality of the RCA market from Romania.
Dacian Cioloș: “We want, through this Government Emergency Ordinance, to assure the juridical cadre, clearly defined, in order to permit the Authority of Financial Supervision that has this responsibility, to solve this problem”.

Banking. Money laundering – the basis of bankruptcy for the most Russian banks
Kremlin authorities have initiated a war against financial industry delinquency and recently Elvira Nabiullina, the president of Central Bank of Russia, has made a review of this fight, according to en.kremlin.ru.
Elvira Nabiullina: “Summing up, in the last three years there were closed 279 financial institutions. Amongst these, 68 in 2016. At this moment, there are only 650 banks on the market.”
The main reason for the banks to be closed is money laundering.

Anda-Laura TĂNASE
Cosmina SIMA

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