High Court of Review and Justice
PRESS RELEASE
In its hearing of 21 March 2022, the Panel for the Settlement of Appeals in the Interest of the Law the High Court of Review and Justice, legally established in each of the cases, settled three appeals in the interest of the law, and rendered the following judgments:
Judgment no. 9 in case no. 3038/1/2021
The Panel admits the appeal in the interest of the law filed by the General Prosecutor of the Prosecutors’ Office under the High Court of Review and Justice and establishes that:
According to the stipulations of Art. 339 para. (5) of the Criminal Procedure Code, the judicial body having jurisdiction to settle a complaint filed by a dissatisfied party in a case where the prosecutor directly supervising the one who issued the decision to close the case admitted it, invalidated the decision of the prosecutor handling the case, and issued a new case closure decision for reasons other than those relied upon by the petitioner is the preliminary chamber judge.
Rendered in public hearing today, 21 March 2022.
Judgment no. 10 in case no. 159/1/2022
The Panel dismisses, as inadmissible, the appeal in the interest of the law filed by the Managing Board of Brașov Court of Appeals concerning the clarification of the following law matter:
Whether, based on the interpretation and application of the stipulations of Art. 2523 of the Civil Code, the beneficiary should have known the financial rights due to it, with the consequence of expiry of the statute of limitation of the substantive right to challenge, due to the fact that it failed to take steps to learn the contents of Government Decision no. 1.086/2004 Setting Specific Increments and Per Diem, Accommodation and Meal Rights Due to Staff Participating in Missions outside the Territory of the Romanian State, as subsequently amended and supplemented, a regulatory act that is of a military nature, is not published in the Official Journal of Romania and is not communicated in any other way to beneficiaries of such rights, but the existence of which is mentioned in particular legislative documents published in the Official Journal, without including the content as such of this unpublished government decision”.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Rendered in public hearing today, 21 March 2022.
Judgment no. 11 in case no. 183/1/2022
The Panel admits the appeal in the interest of the law filed by the General Prosecutor of the Prosecutors’ Office under the High Court of Review and Justice.
Based on the consistent interpretation and application of the stipulations of Art. 1 para. (1) and (3) of Government Emergency Ordinance no. 9/2017 on Budgetary Steps for 2017, Prorogation of Terms, and Amending and Supplementing Normative Acts, as approved with amendments and additions by Law no. 115/2017, Art. 7 para. (4) and (5) of Government Emergency Order no. 99/2016 on Steps for the Remuneration of Staff Paid from Public Funds, Prorogation of Terms, and on Tax and Budgetary Steps, as approved by Law no. 152/2017, as subsequently supplemented, and of Art. 12 para. (8) and (9) of Government Emergency Ordinance no. 83/2014 on the Remuneration of Staff Paid from Public Funds for 2015, and on other Steps in the Public Expenditure Area, as approved with amendments and additions by Law no. 71/2015, as subsequently amended and supplemented, establishes that:
The increment for risk and mental overstrain from which antifraud inspectors of the Tax Antifraud General Directorate benefit is granted in the period between 1 March 2017 and 31 December 2017 in the percentage set by an Order of the President of the National Tax Administration Agency (A.N.A.F.) issued under the terms of Art. 7 para. (5) of Government Emergency Order no. 99/2016, and by observing the limits of the salary expenditure approved by A.N.A.F.’s budget.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Returned in public hearing today, 21 March 2022.
After the considerations are drafted, and the judgments are signed, they will be published in Part I of the Official Journal of Romania.
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