GEO regarding the entry into force of the new Code of civil procedure, published in the Official Gazette

In the Official Gazette of Romania, Part I, no. 68 of 31 January 2013 was published the Government Emergency Ordinance no. 4/2013 amending Law no. 76/2012 for the implementation of Law no. 134/2010 regarding the Code of Civil Procedure, and amending and supplementing certain acts related.

The Emergency Ordinance postpone the entry into force of Law no. 134/2010 of the new Code of Civil Procedure until February 15, 2013.

The explanatory memorandum shows that this delay is necessary because the law on measures to relieve courts and to prepare the implementation of Law no. 134/2010 of the Civil Procedure Code to come into force simultaneously with the provisions of the new Code of Civil Procedure

Other provisions of the Emergency Ordinance:

It is placed in the Law no. 193/2000 on unfair terms in contracts concluded between traders and consumers, republished in the Official Gazette of Romania, Part I, no. 305 of April 18, 2008, as amended, to provide that the decision by which the court finds the existence of unfair terms in the contract and is subject only apply contravention fine call. This provision applies to processes started in the period 15 February 2013 to 30 June 2013

It is repealed  article 1, point 11 and article 299 paragraph 11 of the Code of Civil Procedure, which has been found unconstitutional by the Constitutional Court Decision no. 967/2012.

(Article 1 Section 11: Judges judge in the first and last resort, processes and applications for claims involving the payment of a fee of up to £ 2000 inclusive)

(Art. 299 para. 11: not subject to appeal judgment in the application referred to in art. 1 point 11)

It is repealed the Law no. 134/2010 regarding the Code of Civil Procedure (NCPC) provision for courts to judge the first and last instance claims on claims involving the payment of a fee of up to £ 2000 inclusive.

The Emergency Ordinance brings modification of the Law 192/2006 on mediation and the mediator profession, establishing that the provisions relating to the inadmissibility sanction summons request due to not participate in the meeting information will apply only to processes started after 1 august 2013.

Ordinance establishes the following deadlines for entry into force of:

– Information sessions on mediation in civil cases: February 15, with the entry into force of the new Code of Civil Procedure;

– Information sessions on mediation in criminal cases: date of entry into force of the new Criminal Procedure Code.

>> The source: JURIDICE.ro

Alexandru VLASTON

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