High Court of Cassation and Justice
PRESS RELEASE
In its session of 9 October 2023, the High Court of Cassation and Justice- Panel for the Clarification of Certain Points of Law in Civil Matters, 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 66 in Case 1616/1/2023
The Panel sustains the request brought by the Court of Appeal of Bucharest – VIII Administrative and Tax Litigation Chamber in Case no. 20776/3/2021, for a preliminary ruling and, as a result, establishes that:
The provisions of Articles 13 and 40 point 2 of the Treaty between Romania and Ukraine on Legal Assistance and Legal Relations in Civil Matters, signed in Bucharest on 30 January 2002, ratified by Law no. 3/2005, are not applicable when the application for regaining Romanian citizenship is decided by the Commission for Citizenship of the National Authority for Citizenship, a procedure finalized by issuing an administrative act subject to review by the administrative courts (in the case of applications decided prior to the entry into force of Government Emergency Ordinance No 82/2021 supplementing the Romanian Citizenship Law No 21/1991).
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 9 October 2023.
Judgment 67 in Case 1618/1/2023
The Panel sustains the request brought by the Court of Appeal of Bucharest – VIII Administrative and Tax Litigation Chamber by judgment of 19 January 2023 in Case No 7.156/3/2021, for a preliminary ruling and, as a result, establishes that:
The provisions of Article 22 of the Treaty between Romania and the Republic of Moldova on legal assistance in civil and criminal matters, signed in Chişinău on 6 July 1996, ratified by Law No 177/1997, in conjunction with the provisions of Article 1 points (a) and (b) and Article 2 point 2 of the same treaty, are not applicable when the application for regaining Romanian citizenship is decided by the Commission for Citizenship of the National Authority for Citizenship.
The provisions of Article 12 of the Treaty between the People’s Republic of Romania and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters, ratified by Decree no. 334/1958, published in the Official Gazette no. 30 of 4 August 1958, in conjunction with those of Article 1, paragraph 2 of the same treaty, are not applicable when the application for regaining Romanian citizenship is decided by the Commission for Citizenship of the National Authority for Citizenship.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 9 October 2023.
Judgment 68 in Case 1649/1/2023
The Panel sustains the requests brought by the Tribunal of Constanţa –Administrative and Tax Litigation Chamber by judgment of 31 May 2023 in Case No 8.923/118/2022 and by judgment of 31 May 2023 in Case No 8.890/118/2022 for a preliminary ruling and, as a result, establishes that:
In interpreting the provisions of Article 31 para. (3) of Government Ordinance No 105/1999 on the granting of certain rights to persons persecuted by the regimes established in Romania from 6 September 1940 to 6 March 1945 on ethnic grounds, republished, as subsequently amended and supplemented, only children of persons who were born or at least conceived on the date of refuge, expulsion or relocation to another locality, events referred to in Article 1 para. (1) point (c) of the Ordinance may benefit from these provisions.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 9 October 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.