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Legal news
In December 2016, certain amendments were made to several regulations, such as: the Fiscal Code, the Fiscal Procedure Code and Law no. 290/2004 on the criminal record.
Moreover, the following regulation was published in December: the Government Emergency Ordinance no. 95/2016 regarding the adjournment of certain time-limits, as well as the establishment of certain measures needed for the preparation of the enforcement of certain provisions of the Code of civil procedure.
From the case-law of the High Court of Cassation and Justice
Appeal in the interest of the law
As a result of the activity carried out by the High Court of Cassation and Justice (Panel of the Appeal in the interest of the law) of December, was published: Decision no. 21/2016 regarding the unitary remuneration of the staff paid from public funds. The reinstatement of certain staff categories from the budgetary sector in their duties and the establishment of their salaries. The remuneration of the staff paid from public funds in the year 2011; Decision no. 17/2016 regarding the contraventional liability of the independent candidate in local elections. The punishment of the independent candidate in local elections for the offence of not filing a detailed report of the election revenues and expenses, when no financial agent has been registered with AEP on his behalf and Decision no. 20/2016 regarding the provisions of art. 915 paragraph 2 of the Code of civil procedure.
Criminal Judgment
As a result of the activity carried out by the High Court of Cassation and Justice (Panel DCD/C) of December, the following decisions were published: Decision no. 17/2016 and Decision no. 40/2016 regarding the provisions of art. 41 paragraph 1 of Law no. 165/2013 regarding the measures for the completion of the process of restitution, in kind or by equivalent, of the immovable properties taken over in an abusive manner during the communist regime in Romania.
Moreover, the following instruments were published (Panel DCD/CAF): Decision no. 35/2016 regarding the provisions of art. 24 paragraph 1 of the Law no. 554/2004 regarding the administrative court procedure, Decision no. 26/2016 regarding the provisions of the Law no. 554/2004 regarding the administrative court procedure, of Law no. 393/2004 on the Status of the local elected officials considering as well, any provisions of Law no. 340/2004 regarding the prefect and the prefect institution and Decision no. 30/2016 regarding art. 5 paragraph 1 of the Government Ordinance no. 27/1996 on the grant of facilities to individuals residing or working in certain localities in Apuseni Mountains and in the “Danube Delta” Biosphere Reserve.
From the case law of the Constitutional Court of Romania
As a result of the activity carried out by the Constitutional Court, three decisions were published in December (pleas of unconstitutionality granted): Decision no. 681/2016 regarding the provisions of the single article point 1 of the Law for the amendment and supplement of the Law on social dialogue, Decision no. 1001/2016 regarding the provisions of art. 25 paragraph 5 of the Code of criminal procedure in relation to the provisions of art. 16 paragraph 1 letter f) of the same regulations and Decision no. 710/2016 regarding the provisions of the Law on certain measures of making the deductions from the revenues gained by the natural persons from agreements regarding any employment relationships under certain writs of execution