High Court of Review and Justice
PRESS RELEASE
In its session of 20 September 2021 the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each Case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Decision #60 in Case #1618/1/2021
Denies as inadmissible the request brought by the Tribunal Dolj – Chamber for Administrative and Tax Litigations, in the ruling from the 12th of May 2021, given in Case # 31/63/2021, for a preliminary ruling on the following point of law:
„ -The law applicable for the determination of the right of the child in the situation provided for in Article 5 para. (7) of Decree-Law No 118/1990 on the granting of rights to persons persecuted on political grounds by a dictatorship which has been instituted since 6 March 1945, and to persons deported abroad or constituted in prisoners, as amended by Law No 130/2020, is the one in force at the time of request brought by the child or is it the one from the time of the settlement of the request by the County Agancy for payment and Social inspection, respectively the form amended by Act No 232/2020?
-The provisions of Article 5 para. (7) of Decree-Law No 118/1990, as amended by Law No 232/2020, shall be understood as meaning that the child’s right shall be established by reconsidering the parent’s right at the time the child brough the request, to examine whether the parent would be on the date of request brough by the child in one of the situations referred to in article 1 letter (a) to (f) of Decree-Law No 118/1990 and if at that time they would meet the conditions laid down in that law for entitlement to the allowance or it will be taken into account the parent’s classification in one of the situations provided for in Article 1 letter (a) to (f) in Decree-Law No 118/1990, established by a judgment previously issued in his name and by the fact that judgments issued before 31 July 1997 are administrative acts of a judicial nature which cannot be revoked under Decisions of the Constitutional Court No 55/2000 and No 56/2000?”
Obligatory as of the date of publication in the Official Journal of Romania, Part I under Art 477 para. (3) in the Criminal Procedure Code.
Returned in public session today, 20 September 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.