Romanian Legal Week: October 17-23, 2016

HCCJ. Referral in the interest of the law admitted ref. determination of the substantive jurisdiction of the courts / Special Sections
By Decision no. 18/2016, HCCJ admitted the referral in the interest of the law brought by the College Board of Pitesti Court of Appeal and, in the interpretation and application of art. 226 par. (1) and art. 228. (2) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, as amended and supplemented, establishes the following:

“The material competence of the 2nd courts/specialized sections shall be determined depending on the scope or nature of the dispute as the ones set as examples by art. 226 par. (1) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, as amended and supplemented. “

The Chamber of Deputies adopted the Draft Law amending and supplementing the law on the organization and practicing the attorney profession
Tuesday, October 18, 2016, the Draft Law on amending and supplementing Law no. 51/1995 on the organization and practicing the attorney profession was adopted by a majority of 237 votes “for” by the Chamber of Deputies which is decision making, according to a press release from the National Union of Bars of Romania.

The government launched the integrated community services
Monday, October 17, 2016, on the International Day for the Eradication of Poverty, through the integrated packages for Combating Poverty and the National Strategy for Social Inclusion and Poverty Reduction, there have been launched services  to integrate community, which are based on the method of case management by with the social assistant works together with the school counselor/school mediator, community nurse/health mediator as well as public and private providers of social, occupational, educational and health services to identify the needs of vulnerable people and to establish contingency plans, according to a press release the Romanian Government.

The social worker, community nurse and school counselor will find solutions for the following issues:

– social: access to basic resources, ability to solve problems and link resources with specific needs, transfer from a support based on benefits to a support offered through services, increase of social skills, ensuring the balance between professional and personal life.

– occupancy: assessing the potential for professional development and support to achieve career paths, employability of vulnerable people and overcoming obstacles related to the entry and retention in employment.

– education: access to resources needed to participate in school activities, linking parents with school and participation in school activities, overcoming remaining obstacles to school attendance.

– health: the access of vulnerable people to health care, identification of risks related to health, creating a positive attitude towards a healthy living and reproductive health.

DAAD offers scholarship for doctoral and postdoctoral students
Monday, October 17, 2016, the Faculty of Law, University of Bucharest issued a notice on exchanges DAAD (Deutscher Akademischer Austausch Dienst/German Academic Exchange Service) for PhD students and scholars in this academic year.

For PhD students and young researchers, the scholarships are:

1. Fellowships for PhD students and young researchers – short term scholarships (1-6 months)

2. Fellowships for PhD students and young researchers – one year scholarships (7-10 months)

Application deadlines for scholarships are:

  1. Fellowships for PhD students and young researchers – short term scholarships

– November 15, 2016 for Traineeships between June 2017 – November 2017

– May 1, 2017 for Traineeships between December 2017 – May 2018

  1. fellowships for PhD students and young researchers – one year scholarships

– November 15, 2016 for Traineeships starting in October 2017

Doctoral candidates must prove acceptance at a research institution of higher education/research institute in Germany. The contact should be established by the candidates; DAAD does not arrange contacts. Candidates may apply for a research Traineeship in English, if the German institution expressly permits and states that the research project can be conducted in this language.

Additional information can be found at the following e-mail: info@daad.ro.

Law no. 211/2011 on waste regime.
In the Romanian Official Gazette, Part I, no. 823 of 18 October 2016 it was published The Emergency Ordinance no. 68/2016 amending and supplementing Law no. 211/2011 on waste regime.

Mainly, the EO alters the order of articles, and repeals others. These changes may include:
– For the enforcement of art. 13 and to facilitate and improve recovery, waste shall be collected separately, where this is possible technically, economically and environmentally and not mixed with other wastes or materials with different properties.
– Operators who perform operations of collection and transportation of waste are obliged to deliver and transport waste only to authorized facilities for treatment operations, in compliance with art. 20.

The EO brings and additions to the law, for example, the following provisions:
– In order to stimulate separate collection of waste from households, local authorities apply the economic instrument “paid for as you throw”, where possible technically, economically and environmentally.

– The application of the economic instrument provided above is made, where appropriate, based on the following criteria: the amount of waste generated; types of waste generated; volume of the container; frequency of waste disposal.

Ana-Maria UDRIȘTE
Raluca-Andreea TRÎNCĂ-GĂVAN