By Decision No. 3 of 15th of January, 2014 published in Official Gazette no. 71 of 29th of January, 2014, the Constitutional Court upheld the unconstitutionality of the provisions of art. I sect. 2 and art. II sect. 5 of the Law on amending and supplementing certain acts and rejected the objection of unconstitutionality of art. I sect. 5 and […]
Category Archives: Legal brief
The Position of the Constitutional Court Regarding Changes Made to the Criminal Code (I)
By Decision No. 2 of 15th of January, 2014 published in the Official Gazette no. 71 dated January 29th, 2014, the Constitutional Court admitted the unconstitutionality of the provisions of art. I sect. 5 and art.II sect. 3 of the Law amending and supplementing certain normative acts and unique article of the Law amending the art.253 ind. 1 of the Criminal […]
Changes of the Emergency Ordinance No. 3/2014 regarding the new Code of Criminal Procedure
By this normative act dated February 25th, 2014 and published in the Official Gazette no. 98, on the 7th of February 2014, the list of crimes of the Criminal Code for which prosecutors can start mandatory prosecutions was extended. The art. 56 paragraph 3, letter b from the new Criminal code now includes: 1. outrage; 2. pressure of justice; 3. compromising […]
The Exception of Extinctive Prescription. Appeal in the Interest of the Law
By Decision No. 1/2014 that is about to be published in the Ist part of the Official Gazette, the Supreme Court of Justice admitted the appeal in the interest of the law submitted by the General District Attorney of the Prosecutor’s Office attached to the Supreme Court of Justice and the Board of Constanta Court of Appeal of establishing that: “In […]
The first unconstitutional exception regarding the New Code of Civil Procedure has been admitted
By means of Decision no. 473, dated November 21st, 2013 and published in the Official Gazette no. 30 dated January 15th, 2014, the Constitutional Court decided that the article no. 659 paragraph (2) of the New Civil Code providing that the Public Ministry, at the enforcement’s officer request, has the obligation to participate in finding out certain information about pursued […]
The Romanian Constitutional Court rejects the new insolvency law
On October 25th, 2013, the Government Emergency Ordinance no. 91/2013 regarding procedures for preventative insolvency procedures and insolvency came into force. The Ordinance was published in the Official Gazette no. 620, dated October 4th, 2013. This normative act expressly abolished Law no. 85/2006 regarding the insolvency procedure, Law no. 381/2009 regarding introduction of preventive concordat and ad-hoc mandate, Governmental Ordinance no.10/2004 […]
Appeal in the Interest of Law Regarding the Subsidiary Nature of Posting the Offense Minute and Payment Warning
By means of Decision no. 10, dated 10th of June 2013, published in the Official Gazette no. 450, on the 23rd of July 2013, judgment was passed on the appeal in the interest of law regarding the interpretation and practice of article 27 thesis I reported to article 14 paragraph 1, article 25 paragraph 2 and article 31 paragraph 1 […]
The “first registration tax” becomes the environmental stamp
The “first registration tax” was replaced with the environmental stamp. This is also payable once, mainly upon registration of the vehicle by its first Romanian owner with the Romanian competent authority. The Government Emergency Ordinance no. 9/2013 regarding the environmental stamp for vehicles was published in the Official Gazette no. 119/04.03.2012 and enters into force on March 15th, 2013. The […]
Amendments to Law no. 31/1990 as regards the merger and spin-off procedure
Law no. 193/2012, published in the Official Gazette no. 736/31.10.2012, provides alternatives regarding the drafting of the evaluation report for the contributions in kind brought to companies which are subject to a merger/spin-off procedure, as well as regards the publication of the merger/spin-off project. The main amendments brought by the enactment are the following: in case the merger or split-off […]
Incorporation of arbitral decisions within authentic deeds in the cases provided by law
The arbitral decisions which transfer/acknowledge a real estate right shall be submitted to a verification procedure by the court or by the public notary. Law no. 206/2012, published in the Official Gazette no. 762/13.11.2012, amends the provisions of art. 363 Civil Procedure Code (“CPC”), as well as of art. 603 New Civil Procedure Code (“NCPC”) as regards the incorporation of […]