The Romanian Decision no. 71/2023 referring to the complaint filed by the Romanian Military Court of Appeal of Bucharest, by decision from May 24, 2023, with a view to issuing a preliminary ruling for the clarification of a legal matter
By the decision from May 24, 2023, the Romanian Military Court of Appeal of Bucharest, based on Article 475 of the Criminal Procedure Code, has referred the Romanian High Court of Cassation and Justice to a preliminary ruling for the clarification of the following question of law: “If, in the interpretation and application of the provisions of Article 85 (2) lit. g) of the Romanian Criminal Code, the court may impose on the person against whom the postponement of the penalty enforcement was ordered to execute the obligation not to drive certain vehicles established by the court, the court, for a period less than the duration of the period of supervision provided for in Article 84 of the Romanian Criminal Code.”
As regards the duration of the obligations provided for in Article 85 (2) letter a)-d) of the Criminal Code, this is determined either by the provision of a fixed period (the obligation to provide unpaid community service for a period between 30 and 60 days), either by the nature of the obligations (period of the school training course or professional qualification, of the social reintegration programs developed by the probation service or organized in collaboration with community institutions or the duration of the control, or, treatment or medical care).
For the obligations that involve a ban, the legal provisions do not expressly provide for a certain duration, the court being the one that particularizes the obligations provided for in Article 85 (2) lit. e)-g) of the Romanian Criminal Code, by indicating in concrete terms the content of the obligation, the individualization process not extending to the period of time during which this obligation is incurred.
The fact that, in the case of prohibitive obligations, in the provisions of Article 85 (2) of the Romanian Criminal Code is not expressly mentioned, due to the specificity of each of them, that the obligations are imposed during the supervision period cannot lead to the conclusion that the court may order the imposition of the obligation provided for in Article 85 (2) lit. g) of the Romanian Criminal Code for a period lower than the term of supervision, as such an interpretation would empty the content of this rule of law.
Thus, the complaint filed by the Romanian Military Court of Appeal of Bucharest is admitted, in order to issue a preliminary ruling for the clarification of the present law issue.
The Romanian Decision no. 66/2023 regarding the examination of the complaint filed by the Romanian Court of Appeal of Bucharest
By the decision from March 2, 2023, the Bucharest Court of Appeal disposed, pursuant to Article 519 of the Romanian Civil Procedure Code, referral to the Romanian High Court of Cassation and Justice – the Panel for the clarification of some legal issues in order to issue a preliminary ruling, by which to give a solution of principle on the following question of law:
If the provisions of Articles 13 and 40 point 2 of the Treaty of 2002 between Romania and Ukraine on legal assistance and legal relations in civil cases ratified by Law no. 3/2005 are applicable on the occasion of the settlement of the application for the regaining of Romanian citizenship by the Commission for Citizenship of the National Authority for Citizenship, procedure completed by issuing an administrative act subject to the control of administrative courts [in the event of requests settled prior to the entry into force of the Emergency Ordinance no. 82/2021 for completing the Romanian citizenship law no. 21/1991]?
The complaint filed by the Court of Appeal of Bucharest for the purpose of issuing a preliminary ruling and, consequently, establishes that:
Articles 13 and 40 point 2 of the Treaty between Romania and Ukraine on legal assistance and legal relations in civil cases, signed in Bucharest on 30 January 2002, ratified by Law no. 3/2005, are not applicable on the occasion of the settlement of the application for the regaining of Romanian citizenship by the Commission for Citizenship of the National Authority for Citizenship, procedure completed by issuing an administrative act subject to the control of administrative courts (in the event of requests settled prior to the entry into force of Government Emergency Ordinance no. 82/2021 To complete the Romanian citizenship law no. 21/1991).