The Romanian Decision no. 865/2023 for the amendment and completion of the Methodological Norms for the application of the provisions of the Romanian Government Emergency Ordinance no. 111/2010 on leave and monthly allowance in Romania for raising children, approved by the Romanian Government Decision no. 52/2011
For granting the child raising allowance from the date of suspension of the professional activity, respectively of entering into leave, the application and the supporting documents shall be submitted within a maximum of 15 days from the date of suspension of the activity. If the application and the supporting documents are submitted after this deadline, the allowance will be granted from the date of submission of the application.
In case of overlapping the rights of leave and allowance for raising the child, the rights may be claimed by the other parent who meets the conditions for granting the leave and the allowance for raising the latter child, those rights being non-transferable for a period of months at least equal to twice the number of births registered in the total period of overlapping and cumulative leave.
The Romanian Decision no. 13/2023 regarding the File no. 647/1/2023, having as object the referral in the interest of the law formulated by the General Prosecutor of the High Court of Cassation and Justice, concerning a legal issue
By the referral in the interest of the law formulated by the General Prosecutor of the High Court of Cassation and Justice, it was argued that, in the national judicial practice, there is no unitary point of view regarding the possibility of applying art. 41 para. (3) of the Romanian Criminal Code on International Recidivism, in the event of a final conviction ordered by a foreign court, namely whether it applies directly, in accordance with Framework Decision 2008/675 / JHA, as interpreted by the CJEU on the basis of existing entries in the European criminal record system or only after the recognition, in the main or incidental way, of the foreign conviction.
Regarding the issue of the international recidivism, the provisions of art. 41 para. (3) of the Criminal Code establishes for the detention of this form of plurality of crimes the condition of recognizing the foreign decision, according to the law, thus referring to the provisions of the Romanian Law no. 302/2004, republished, with the subsequent modifications and completions, respectively to those of art. 147 of this normative act regarding the recognition of foreign court decisions in order to produce other legal effects than the execution in detention of the sentence. Therefore, the detention of the international recidivism cannot be made exclusively in relation to the mentions entered in the European criminal record system, as, on the one hand, it would contravene the provisions of art. 41 para. (3) of the Criminal Code, and on the other hand, such a mechanism would exceed the purpose and scope of the Framework Decision 2009/315/JHA on the organization and content of the exchange of information extracted from criminal records between Member States and those of Framework Decision 2009/316 / JHA establishing the European Criminal Records Information System.
Thus, the High Court of Cassation and Justice admits the referral in the interest of the law formulated by the general prosecutor of the High Court of Cassation and Justice and establishes that the application of the provisions of art. 41 para. (3) of the Criminal Code on International Recidivism, in the event of a final conviction ordered by a foreign court, can be achieved only after the procedure for recognizing the foreign conviction, exclusively by incidental way, provided by art. 147 of the Romanian Law no. 302/2004, republished, with subsequent amendments and completions, and not on the basis of the existing mentions in the European criminal record system.