The High Court of Cassation and Justice’s preliminary decision of 07.11.2016 regarding the interpretation of the provisions of Article 16 para. (1) and Article 57 paragraph (5) and (6) of the Labor was published on 10.02.2017. The High Court of Cassation and Justice ruled that an individual who actually performed the work for the benefit and under the authority of […]
Category Archives: Legal brief
The Constitutional Court’s Decision on monetary conversion and exchange rate freeze in credit agreements
The Constitutional Court’s Decision no. 62 of 7 February 2017 settled a number of controversial aspects of the consumer protection legislation, establishing: The applicability of the monetary nominalism principle, on the basis of which the sum awarded as a loan must be repaid in kind, regardless of the valuing or devaluing of the sum, to the extent that the parties […]
The new law on public-private partnership has been published in the Official Gazette and it will come into force on 25th of December, 2016.
Law no. 233/2016 on public-private partnership announces itself as a legal frame which promotes the cooperation between public institutions and private investors in order to achieve public projects. Thus, according to the new law on public-private partnership: the scope of the public-private partnership is represented by the achievement, rehabilitation or extension of assets intended for the provision or operation of […]
Law no. 50/1991 was amended as concerns the regime of the special constructions
Law no. 50/1991 regarding the authorization of construction works was amended and supplemented by means of Law no. 148/2016 on 15.07.2016, which comprises new provisions with respect to special constructions, such as: the special construction works, developed based on the treaties to which Romania is a party, are regulated according to the arrangements comprised in such treaties, under the condition […]
The law facilitating the construction of “digital highways” promulgated by the President of Romania
Law no. 159/2016, regarding the regime of the physical infrastructure of electronic communications, as well as for the establishment of measures reducing the installation costs for electronic communications networks is meant to simplify the procedure of creating the electronic communication infrastructure. Thus, based on this enactment that was promulgated today: The President of ANCOM is empowered to issue a decision, […]
Unconstitutionality Plea Accepted Regarding art. 650, paragraph 1 of the Code of Civil Procedure
By means of Decision no. 348 dated on the 17th of June 2014, published in the Official Gazette no. 529 dated on the 16th of July 2014, the Romanian Constitutional Court has decided that the provisions of art. 650, paragraph 1 of the Code of Civil Procedure are unconstitutional since they provide a subjective criterion according to which the creditor […]
The Decision of the European Court of Justice Regarding Unfair Terms
On the 17th of July 2014, The European Court of Justice (ECJ) decided that the national law must provide debtors the right to appeal decisions of first instance court rejecting the opposition to enforcement, whenever there is a possibility that credit agreements contain unfair terms. The ECJ was asked to rule on the application of 93/13/EEC Directive on unfair terms […]
Unconstitutionality Plea Acepted Regarding Law no. 165/2013, Referring to Confiscated Immovables During the Communist Regime of Romania
By means of Decision no. 88 dated February 27th, 2014, published in the Official Gazette no. 281 dated April 16th, 2014, the Romanian Constitutional Court has decided that the provisions of article 4, second paragraph and article 33 of Law no. 165/2013 are constitutional only if the terms provided by art. 33 do not apply to the litigation cases pending […]
The Advocacy Law Modifies as a Result of the New Criminal Code
By means of the second title of article 51 point 2 of Law no.187 from 24.10.2012 that applies the Law no. 286/2009 regarding the New Criminal Code, published in the Official Gazette no. 747/12.11.2012, changes have been made to article 39 of Law no. 51/1995 regarding organizing and exercising the lawyer profession. Unlike the old reglementation of article 39 of […]
The Insolvency Law Changed by the New Criminal Code and Criminal Procedure
By means of article 175 of Law no.187/2012 for applying the Law no. 286/2009 regarding the Criminal Code, published in The Official Gazette no. 757 on the 12.11.2012, Ist part, and entered into force on the 1.02.2014, there are several changes brought to Law no.85/2006 considering the insolvency procedure: The suspensive effect of commencing the procedure becomes unplayable in case […]