High Court of Review and Justice
PRESS RELEASE
In its session of 24 October 2022, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each of the cases, considered two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #65 in Case #1319/1/2022
The Panel denies as inadmissible the request brought by the Eighth Chamber for Administrative and Tax Litigation of Bucharest Court of Appeals by a Ruling dated 29 March 2022 returned in Case #20.661/3/2020 for a preliminary ruling for the clarification of the following point of law:
Whether, based on a corroborated interpretation of the provisions of Art. 2 para. (1) items a) and p) of Administrative Litigation Law # 554/2004, as subsequently amended and supplemented, of Art. 1 and Art. 2 of Political Parties Law # 14/2003, as republished, by reference to the provisions of Art. 5 item d) of Government Emergency Order # 195/2005 on Environmental Protection, as approved with amendments and additions by Law # 265/2006, as subsequently amended and supplemented, one can infer the standing capacity to sue of the plaintiff political party in filing an action requesting for the nullification of an urbanism certificate issued by the local public authority.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 24th of October 2022.
Judgment #66 in Case #1337/1/2022
The Panel denies as inadmissible the request brought by the First Civil Chamber of Brăila Tribunal by a Ruling dated 9 June 2022 rendered in Case #342/228/2021 for a preliminary ruling for the clarification of the following point of law:
Whether based on the interpretation of Art. 234 para. (1) item c) of Law # 207/2015 on the Tax Procedure Code, as subsequently amended and supplemented, and of Art. 12 para. (2) of Government Order # 2/2001 on the Legal Status of Misdemeanors, as subsequently amended and supplemented, by reference to Constitutional Court’s Decision # 228/2007, a decision of the Constitutional Court that established the unconstitutionality of a normative act or of an article contained by a normative act criminalizing and sanctioning minor offences, has as effect the termination of enforcement, and whether the sanctions applied under the legal norm declared unconstitutional will no longer be enforced.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 24th of October 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
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