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The Magistracy – the most wanted job in Romania?

Taxation in Romania – a perpetum mobile: As we have already learned, in Romania, the greater good is never the enemy of good and because always is room for improvement the Ministry of Finance launched in public debate the draft of the Ordinance for the change and the complete of the Ordinance of the Government no. 92/2003 on the Fiscal Procedure Code and the draft of the Emergency Ordinance for the change and the complete of the Law no. 571/2003 on the Tax Code, the change and the complete of the Emergency Ordinance of the Government no. 29/2011 on the regulation of the granting of rescheduled payments and for the regulation of financial-fiscal measures. In the content of the new regulations it is provided that the fiduciary patrimony mass transfer in the fiduciary operation according to the Civil Code completes the definition of the transfer, the elimination of the obligation of the contributor to bring a tax declaration where the fiscal body set in motion the tax obligation and the tax regulation of the principle of prevalence of the economics over the juridical, this principle being very important in the application of the tax legislation. * * * There is a step up to the new codes: The Plenum of the Superior Council of the Magistracy endorsed favorable the draft of the Law for the implementation of the Criminal Procedure Code and the draft of the Law for the implementation of the Civil Procedure Code. From here we can only hope that the new codes will come into force in our lifetime. Meanwhile the New Civil Code created a fertile land for legal opinions and the creation of new institutions. The Ministry of Justice publicly announced that it was approved the Memorandum  with the theme: “The Initiative of the Ministry of Justice of establishing of a foundation with the objective of supporting and promotion of the principles of the right, of the democracy and of the state law”. * * * You are one click away of any legal information: Juridice.ro launched a new free product dedicated to the passionate of law: LegalSearch.ro. Although it won’t stop the wave of petitions, requests and absurd actions, LegalSearch.ro is desired to be a custom search engine which selects relevant content from 213 websites of legal profile: portals, institutional websites and right professionals websites. * * * The Magistracy – the most wanted job in Romania?: Thursday, 25 August 2011, over 3500 candidates gave a life and death battle for one of the 200 jobs put up for competition by the National Institute of Magistracy. Despite the program, the load and the logistical problems of the judiciary system thousands of young graduates and beyond, waited anxiously the topics in the examination rooms. Waiting for the promotion 2011-2013, the Scientific Council of the National Institute of Magistracy decided that the trainers can’t be involved in training activities like mediations, consultations etc., paid or not, individual or collective, others than the organized ones by the Superior Council of Magistracy or by the National Institute of Magistracy. If this ban will affect the performance of the candidates, remains to be seen… next year. * * * The unification of the practice – fast forward: This week was announced the promotion of several appeals in the interest of law by the General Prosecutor. For equal opportunities the proposals covered all the branches of law within the competence of judiciary system. So the magistrates of the High Court are called to establish the procedural time to which are applicable the provisions on the simplified procedure of court in criminal, which is the right way in the reconstruction of the ownership right on the old sites in favor of former owners or of their heirs and if the dispositions of the art. 1 paragraph (1) and (2) from the Emergency Ordinance of the Government no. 71/2009, changed and completed by the Emergency Ordinance of the Government no. 18/2010 and the Emergency Ordinance of the Government no. 45/2010 it is applied in the enforcement procedure of the executive orders with the object of providing labor rights for the staff from the public sector.

Alexandra LANCRANJAN

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