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JUDICIAL ACTUALITY
During the month of january 2015, in Romania, the Criminal Law and Criminal Procedural Law have continued to be affected by the admission of some constitutional challenges, by the publishing in the Official Journal of Romania and on the Constitutional Court’s official website of some unconstitutional decisions with regard to articles from the Penal Procedure Code of Romania [art. 211-217, art. 341 paragraph (10)] and from the Penal Code of Romania [art. 1121 paragraph (2) letter a), art. 336 paragraph (1)].
Several normative acts were issued, introducing and implementing important changes to the Labour Code, to the Tax Code and to the Traffic Code's Application Rules.
Finally, it is appropriate to mention the republication of the Statute regarding the organization and the profession of the insolvency practitioner.
HIGH COURT OF CASSATION AND JUSTICE ACTIVITY
With regard to the High Court of Cassation and Justice’s activity, several decisions have been rendered with referral in the interests of the law that have been published in the Official Journal with regard to: the Penal Procedure Code of Romania (concerning the admissibility principle and the content of legal restrictions pending trial), Law no. 10/2001 with regard to the legal status of real-estate abusive takeovers and Government Emergency Ordinance no. 2/2001 with regard to the legal status of contraventions.
Also, several decisions have been published in the Official Journal for unraveling some issues of the law concerning: the Penal Procedure Code of Romania (with regard to the revision in the case of European Court of Human Rights judgements), Law. No. 263/2010 regarding the unified system of public pensions and Government Emergency Ordinance no. 137/2000 on preventing and sanctioning of all forms of discrimination.
On the official website of the High Court of Cassation and Justice, a decision rendered with referral in the interests of the law has been published, with regard to the Penal Procedure Code of Romania (concerning preventive measures).
On the same website several more decisions have been published for unraveling some issues of the law concerning: the Penal Code of 1969 (with regard to bodily injury caused by negligence), the new Penal Code (concerning the application of the law of decriminalization), the Penal Procedure Code of Romania (with respect to the appeal for annulment), the Civil Code (on the enforcement of the contractual obligation to provide work/services) and Law no. 10/2001 on the judicial regime of buildings taken over abusively, and also a decision with regard to Government Ordinance no. 75/2001 on the organization and functioning of the fiscal record, the methodological Norms for applying Government Ordinance no. 75/2001 and 2/2001 regarding the judicial regime of contraventions.
THE ACTIVITY OF ROMANIA’S CONSTITUTIONAL COURT
With respect to the Constitutional Court’s activity, in the Official Journal several decisions (allowed constitutional challenges) have been published, with regard to: articles from the Penal Procedure Code of Romania (on the bringing forth of charges, clarifications and requests), Law no. 198/2004 on measures prior to the construction of motorways and national roads, the Land Law no. 18/1991, Government Emergency Ordinance no. 34/2013 on the organization, administration and exploitation of the permanent meadows and for the amending and supplementing the Land Law no. 18/1991, Law no. 682/2002 concerning witness protection, Government Emergency Ordinance no. 34/2006 regarding the attribution of procurement contracts.
Furthermore, on the Constitutional Court’s website, the following have been published: a decision regarding the Penal Procedure Code of Romania (concerning the procedure for forfeiture or abolition of a document in case of dismissal), as well as a decision regarding Government Emergency Ordinance no. 33/2007 on the organization and functioning of ANRE (Romanian Energy Regulatory Authority).