High Court of Review and Justice
PRESS RELEASE
In its session of 28 June 2021 the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered six appeals in the interest of the law and returned the following Judgments:
Decision #10 in Case #800/1/2021
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Alba Iulia and consequently establishes that:
In the uniform interpretation and application of the stipulations of Art. 28 in Law #50/1991 on Construction Works Permits, republished, as amended and supplemented, in the hypothesis where the party has not started or completed the procedure for legal compliance within the required deadline, and the authority has not yet obtained an order to demolish the structure, the deadline stipulated in the findings report concerning the violation shall be construed as a recommendation.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 28th of June 2021.
Decision #11 in Case #1128/1/2021
Sustains the appeal in the interest of the law brought by the Prosecutor General of the Prosecutor’s Office attached to the High Court of Review and Justice and establishes that:
In the uniform interpretation and application of the stipulations of Art. 37 in the Criminal Code, in the hypothesis of finding that a final conviction exists for a crime in continued form, the Court that tries actions or inactions that are part of the constitutive contents of that same crime shall proceed to recalculating the sentence by considering the entirety of the criminal violation and shall establish a single punishment that cannot be lighter than the one ordered previously, will cancel the forms of sentence service ordered for the previous conviction and order new ones in accordance to its judgment or, as the case may be, shall find the sentence has been served.
Obligatory, as under Art. 474 para. (4) in the Criminal Procedure Code.
Returned in public session today, the 28th of June 2021.
Decision #12 in Case #1133/1/2021
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Iași and consequently establishes that:
In the uniform interpretation and application of the stipulations of Art. 311, Art. 32 para. (5) letter a), Art. 39, Art. 44, Art. 45, Art. 47 para. (1) and (2), Art. 56 para. (1), (4), (6) and (7) and Art. 64 para. (3) in Law #350/2001 on Land Development and Urbanism, as amended and supplemented, correlated with Art. 66 in Law #24/2000 on Rules of Legal Writing for the Development of Regulatory Acts, republished, as amended and supplemented, the Local Council decision to approve an area development plan constitutes an administrative act with regulatory power.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code
Returned in public session today, the 28th of June 2021
Decision #13 in Case #1238/1/2021
Denies as inadmissible the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Braşov, on the following point of law:
What is the uniform interpretation and application of the stipulations of Art. 60 para. (2) in Law #263/2010 on the Uniform Public Pensions System, as amended and supplemented, specifically can the reduction of the standard retirement age as under Art. 58 be cumulated with that in the stipulations of Art. 55 in Law #263/2010.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 28th of June 2021.
Decision #14 in Case #1394/1/2021
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Galaţi and consequently establishes that:
In the uniform interpretation and application of the stipulations of Art. 49 para. (2) in the Civil Procedure Code, filing a motion to challenge the judges before or after the start of any courtroom proceedings does not prevent performance of the procedural acts during the trial, nor the trial on the merits, but only the return of the judgment pending resolution of the motion to challenge the judges.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 28th of June 2021.
Decision #15 in Case #1127/1/2021
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Alba Iulia.
In the uniform interpretation of the stipulations of Art. 38 para. (3) letter a) and para. (6) in Framework Law #153/2017 salaries for personnel paid from public funds, as amended and supplemented, correlated with Art. 4 and 5 in Chapter VIII Section I of Appendix V to the same Law, the amount of extra pay granted to ancillary staff of the courts of law and prosecutor’s offices attached thereto cannot exceed the limit set by Art. 25 in the same Law, in correlation to the credit manager who establishes the amount of pay rights.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code
Returned in public session today, the 28th of June 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
OFFICE FOR PUBLIC INFORMATION AND RELATIONS