High Court of Cassation and Justice
PRESS RELEASE
In its session of 22 April 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No 6 in case No 378/1/2024
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Alba Iulia and Justice and consequently establishes that:
Actions brought by trade unions and associations (as interested social bodies), representing employees/civil servants in the mayor’s department (members of trade unions), mayors and deputy mayors of cities and municipalities (members of associations), for compensation for damages caused by the implementation of the provisions of Article I, point 13, of Government Emergency Ordinance No 1/2020 on certain fiscal-budgetary measures and for the amendment and completion of certain regulatory acts, as subsequently amended and supplemented, Art. I para. (2) of Government Emergency Ordinance No 226/2020 on certain fiscal-budgetary measures and for the amendment and completion of certain regulatory acts and the extension of certain deadlines, as amended, Art. I para. (2) of Government Emergency Ordinance No. 130/2021 on some fiscal-budgetary measures, extension of some deadlines and for the amendment and completion of some normative acts, with subsequent amendments and additions, Article I para. (4) of Government Emergency Ordinance No 168/2022 on certain fiscal-budgetary measures, extension of certain deadlines, as well as for the amendment and completion of certain regulatory acts, with subsequent amendments and additions, based in law on the provisions of Article 9 of the Administrative Litigation Act No 554/2004, with subsequent amendments and additions, are assessable in money and shall be borne by each claimant individually with the judicial stamp duty provided for in Article 16 letter b) of Government Emergency Ordinance No 80/2013 on judicial stamp duty, with subsequent amendments and additions.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 22 April 2024.
Decision No 7 in case No 390/1/2024
Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice and, accordingly, establishes that:
In the uniform interpretation and application of the provisions of Articles 5 and 20 of Law No 514/2003 on the organisation and exercise of the profession of legal counsellor, as subsequently amended and supplemented, the specific activity of legal representation may be carried out by legal counsellors, in their capacity as civil servants or employees with an individual employment contract, irrespective of their registration in the professional register of legal counsellors maintained by the Romanian Colleges of Legal Counsellors.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 22 April 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.