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The law regarding the measures for relieving courts and preparing the implementation of Code of Civil Procedure

Official Gazette of Romania, Part I, no. 89 of 12 February 2013 was published Law no. 2/2013 on certain measures for relieving courts and to prepare the implementation of Law no. 134/2010 regarding the Code of Civil Procedure.

The normative act establishes measures for relieving courts, by amending the Criminal Procedure Code, the normative acts in contravention material and administrative litigation and tax matters and the preparation of the implementation provisions of Law no. 134/2010 regarding the Code of Civil Procedure.

1. Amending and supplementing the Criminal Procedure Code
Basically, the law establishes material changes in material grounds of appeal and cassation in Transitional and final set of law enforcement.
In the displacement field, it is narrowing the jurisdiction the High Court for the settlement of transfer requests by maintaining its competence only to transfer requests from an appellate court to another court of appeal. Transfer requests from one court to another court and a judge of another court of law shall be settled by the courts of appeal.
There are also removed some scrapping appeal reasons, the reasons are analyzed in the way of attack call. As a result, the call will be a full path devolution, the court verifying the legality and validity of both the judgment under appeal.

2. Amending and supplementing certain acts in contravention matters and in matters of administrative and fiscal contentious
In contravening terms, the law establishes territorial jurisdiction for complaints by resident offender.
In litigation matters relating to the public servant’s service report it is established explicitly that they are competent for the administrative department and the Tax Court, except for those cases which expressly established by law jurisdiction of other courts.
In the matter of granting citizenship it is established administrative competence and fiscal division of the court. Judgment may be appealed to the Department of Administrative and Fiscal Courts of Appeal. The previous form, jurisdiction lies with the Court of Appeal and High Court appeal.
Regarding the compensation payment arrangements and abusively on buildings of Law. 247/2005 on the reform of property and justice, the jurisdiction of the administrative action in having to contest the decision by the Central Compensation Commission is the administrative and fiscal division of the court in whose jurisdiction the applicant resides.
Regarding to the disputes relating to the application of Law 341/2004, in which the action is formulated in contradiction with the State Secretariat for Revolutionaries problems or the Parliamentary committee in December 1989, says that they are solved, in fact, the Department administrative and fiscal court and, on appeal, the department of administrative and Fiscal Courts of Appeal.
Also in the competence department administrative and fiscal courts and litigation are given within which to appeal against decisions issued by the superior nr..448/2006 provided by the Law on the Protection and Promotion of the Rights of Persons with Disabilities, the process being settled in accordance with administrative Litigation Law no.554/2004 and applications are exempt from stamp duty.

3. Provisions regarding preparation for the implementation of Law no. 134/2010 regarding the Code of Civil Procedure (NCPC)
The enactment postpone the entry into force of the Code of Civil Procedure research process and the substance in the council chamber, determined that this process started will apply starting on January 1, 2016.
Therefore, the processes started on February 1, 2013 and until December 31, 2015, the research process and, if necessary, the substance, to be held in public, unless the law provides otherwise.
The enactment also provides that the provisions of Law no. 134/2010 on Civil Procedure Code, republished, regarding the preparation of appeal or file, as appropriate, to appeal to the court whose decision is attacked apply processes started since 1 January 2016. For processes started from the entry into force of NCPC and until December 31, 2015, the enactment establishes transitional rules applying to the process requirement written to appeal to the court for judicial review.
Other provisions establish that between February 1, 2013 – December 31, 2015, the judgment given on applications monetised value of up to 1,000,000 lei including not likely to be appealed (and are therefore subject to only call) and as of January 1, 2016 to return the £ 500,000 threshold, including, enshrined in the new code. Also, these processes are not subject to appeal judgments of courts of appeal in cases where the law provides that the decisions of first instance are subject only to appeal.
According to NCPC, the High Court acquires jurisdiction in proceedings prior decision. In order to temporarily relieving activity such instances, the new law provides for referral for a ruling prior to dispensation of questions of law raised in processes started in the period 15 February 2013 to 31 December 2015 are judged by a panel of presiding officer corresponding to the High Court of Cassation and Justice or a judge designated by him and eight judges of the respective department (and thus reduced the number of members from 13 to 9).

4. Amendment of legislation in the field of labor disputes and social security
The new law clarifies and normative acts in the field of labor disputes (Law no. 53/2003 – Labour Code, Law no social dialogue. 62/2011), in that it expressly establishes court jurisdiction to hear in first instance cases with this object.

5. Transitional provisions and dispositions
Processes in the first instance and appeals in administrative litigation and tax matters, pending judgment on the change, according to the provisions of the new law, the legal jurisdiction of the courts become invested is judged competent courts under the new law.
Appeals pending before the High Court of Cassation and Justice – Department of Administrative and Fiscal date of entry into force of the new law and that, under the new law, the competence of the courts of appeal shall be sent to the courts of appeal.
Processes being heard at first instance in administrative and fiscal contentious at the effective date of the new law before the courts of appeal and that, under the new law, the competence of the court are sent to the courts.

>> The source: JURIDICE.ro

Alexandru VLASTON

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