High Court of Review and Justice
PRESS RELEASE
In its session of 17 October 2022, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #20 in Case #1605/1/2022
The Panel sustains the appeal in the interest of the law brought by Prosecutor General of the Prosecutors’ Office attached to the High Court of Review and Justice.
Based on a consistent interpretation and application of the stipulations of Art. 7 para. (l) of Law no.76/2008 on the Organization and Operation of the National Judicial Genetic Data System, as amended, it establishes that:
The harvesting of biological samples from persons who were received a final conviction, or in whose respect a postponement or a waiver of the service of the sentence was ordered for having perpetrated offences provided in the Appendix to Law #76/2008, is optional, not mandatory, and courts have the discretion to decide whether genetic prints should be inserted or not in the National Judicial Genetic Data System.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 17th of October 2022.
Judgment #21 in Case #1525/1/2022
The Panel sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Galaţi Court of Appeals and establishes that:
Based on a consistent interpretation and application of the stipulations of Art. 454 of the Civil Procedure Code, a respondent cannot be exonerated from paying court fees in a case the subject matter of which consists of a litigation falling under the category of those that are not subject to the formal notice proceeding or of a litigation in which a judgment cannot be rendered only based on the admission of facts by the respondent.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 17th of October 2022.
Judgment #22 in Case #1544/1/2022
The Panel denies as inadmissible the request for an appeal in the interest of the law brought by the Collegiate Management Body of the Cluj Court of Appeals concerning the following law matter:
„The interpretation of the stipulations of Art. 165 para. (2) of Law #263/2010 on the Uniform Public Pension System, as subsequently amended and supplemented, in order to establish whether, in calculating the pension rights, one should consider all salary income effectively collected prior to the date of 1 April 2001, in respect of which social insurance contributions were paid, independently from the permanent or non-permanent nature of such income and from whether it was or not part of the pension calculation basis under the legislation in effect prior to the date of 1 April 2001.”
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 17th of October 2022.
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