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The Lawyers Practice

With money to the doctor: The Official Gazette of Romania published the Law no. 220/2011 for the change and the complete of the Law no. 95/2006 on the healthcare reform. The novelty consists in placing the tax of the healthcare services. It is not set the tax value, the date of its application nor the medical services which will have to pay them. All of these will be regulated by a framework-contract as well as by the rules of its application. There are also persons excepted from the tax (the young people up to 18 years if they don’t derive income from work or the retired with a pension of up to 740 lei, for e.g.). The law introduces the notion of the moderator ticket of healthcare which represents the justifying document which proofs the tax of the medical services. * * * The heads of the prosecutor offices in a five-year plan: In the last 5 years have been called 426 prosecutors in managerial positions in prosecutor offices and 11 prosecutors at the military prosecutor offices, according to a obviousness given to the publicity by the Ministry of Justice. * * * Important decisions for lawyers: The National Association of the Romanian Bars Council, met during the session on 3 December 2011, adopted: – a disappointed resolution on the solution of the Constitutional Court from 15 November 2011 as a result of the admission of the exception of unconstitutionality of the dispositions imposing the prohibition to exercise the profession at courts and prosecutor offices where the husband of the lawyer or the relative or up to the third degree including accomplishes the function of judge or prosecutor, whatever the section, the department, the service or the office in which he activates; – a decision on the beginning of the functioning of the Bar Ilfov: the demand of the lawyers from Ilfov amending the Bar of Bucharest name change in “The Bucharest and Ilfov Bar” was rejected. The National Association of the Romanian Bars will allocate to the new bar 15.000 EUR to set up the initial property. Thus, the number of bars that make up the NARB got to 42; – a decision on the cancellation of the decision of the General Assembly of the Bar of Galati on 19 of November 2011. The dean Mircea Breahna performs this function since 2003, although there are possible only 2 terms of a decan; – a decision amending the change of the maximum limits of the taxes of lawyers. * * * ZRP Insolvency SPRL: Zamfirescu Racoti Predoiu founded ZRP Insolvency SPRL. The team, consisting of 5 lawyers, will be coordinated by the Masters Calin Andrei Zamfirescu and Stan Tarnoveanu. * * * The new head of the Criminal Section of HCCJ: The SCM members chose the judge Corina Michaela Jîjîie as a president of the Criminal Section of the High Court of Cassation and Justice, against the judge Iulian Dragomir. We look to see whether the proposal of the CSM will be agreed by the president Traian Basescu. * * * Grief on InfoCSM: Georgiana Iorgulescu, Mona-Maria Pivniceru, Alina Nicoleta Ghica, Ana Cristina Labus and Marius Tudose sent an open letter to the president of the SCM, the judge Horatius Dumbrava, dissatisfied with “how bad it works the news page of the Council, that InfoCSM”. They claim that only the activity of some SCM members is highlighted and reflected on this site. * * * Magistrates responsibility unchanged by the Chamber of Deputies: The Chamber of Deputies rejected the draft initiated by the MJ on the changing of the disciplinary responsibility of the magistrates. If the president of the SCM, the judge Horatius Dumbrava, said it was a right decision, saying that the magistrates need greater responsibility, the minister Catalin Predoiu expressed his concern to the rejection of this project, showing that the MJ will support this project in the debates of the Senate. * * * Blocking the foreclosure – pointed: The National Institute of Training of Lawyers accredited the conference organized by JURIDICE.ro on Tuesday, 13 of December 2011, at the Romanian-American University, 8 points of continuing professional training for the participation in the room and 2 points for tracking live. * * * The Lawyers Practice VIDEO: JURIDICE.ro posted the video of the launch of the work the Lawyer’s Practice, authors: lawyer Andrei Savescu, lawyer Marinela Cioroaba, lawyer Ruxandra Nitoiu. Thus, words and wisdom recommendations of Dan Lupascu and Gheorghe Florea will be heard and seen on JURIDICE.ro. * * * The adoption in new conditions: The Official Gazette of Romania published the Law for changing the Law no. 273/2004 on the legal status of the adoption. We remember introducing the DNA evidence in proceedings of adoption of some children from extramarital relationships of spouse or the same-sex ban for adopting. * * * Meeting with the FBI: Laura Codruta Kovesi and Codrut Olaru met Robert S. Mueller III and Joseph M. Demarest Jr., the Director of FBI, and the assistant director of the special operations division of FBI. The topics were: the law, the oportunity principle and the extended seizure . The two sides underlined that a priority is represented by the cybercrime. * * * The recognition of the guilt unrecognized by the court: The Official Gazette of Romania published the Decisions of the Constitutional Court no. 1470 and 1483 on the exception of unconstitutionality of the provisions of the art. 3201 of the Code of Criminal Procedure. The Art. 3201 has 8 paragraphs. The judges of Constitutional Court decided the admission of the exception of unconstitutionality and they found that the provisions of the art. 3201 of the Code of Criminal Procedure are unconstitutional to the extent that remove the enforcement of the more favorable criminal law; the admission of the exception of unconstitutionality and finding that the final paragraph of the art. 3201 of the Code of Criminal Procedure is unconstitutional; the rejection, as inadmissible, of the exception of unconstitutionality of the provisions of the art. 3201 of the Code of Criminal Procedure, exception built in opposition to execution. A different opinion did the judge Iulia Motoc who held that the exception of unconstitutionality of the provisions of the art. 3201 the final paragraph of the Code of Criminal Procedure must be rejected. In her opinion, these provisions are not only constitutional but that their admission of the exception of unconstitutionality of them may lead to violation of some fundamental rights and freedoms.

Alina MATEI

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