1. Decision no. 630/2022 on the procedure for granting, suspending and withdrawing the decision on accreditation of certification Romanian service providers
  • For accreditation, the certification of Romanian service provider must prove the use of at least 5 persons employed on the basis of individual full-time employment contracts or by concluding service contracts with companies or authorized natural persons. Persons involved in the generation and management of certificates must hold a diploma of completing of a form of long-term higher education, issued by an accredited higher education institution, with one of the following specializations: automation, computers, computer science, mathematics, physics, cybernetics, electronics or hold a master’s degree in one of the mentioned specializations.
  • The Romanian Certification Authority may order the suspension of the activity of the certification service provider until the termination of the causes that caused the measure to be taken in the following situations: the provider does not meet the personnel requirements or announce the change of the personnel scheme, the provider does not ensure the availability of the solution or announce the technical changes, the provider no longer meets the technical requirements.
  • The suspension or withdrawal of the accreditation decision is made by decision of the President of the Romanian Authority.

 

  1. Decision no. 291/2022 regarding the admission of the exception of unconstitutionality of the provisions of Art. 75 par. (11) third sentence of the Law on public notaries in Romania and notarial activity no. 36/1995
  • By the exception of unconstitutionality, it is essentially argued that the criticized provisions are unconstitutional, since they restrict free access to justice and affect the right to a fair trial in the light of the fact that they only institute an appeal against an act adopted by a public authority in an administrative procedure in Romania.
  • The Romanian court of appeal can therefore examine the case only in the light of the grounds for appeal and cannot analyze how an administrative body establishes the status of facts. According to the case-law of the European Court of Human Rights, the right of access to a court may be subject to certain limitations, but depriving the court of the possibility of examining the facts of an administrative decision is a disproportionate restriction to the purpose pursued.
  • Thus, the exception of high unconstitutionality is admitted and it is noted that the provisions of Article 75 para. (11), third sentence of the Law on public notaries in Romaniaand notarial activity no. 36/1995 are constitutional only insofar as it is interpreted in the sense that the “appeal” provided by them is a devolutive remedy Against the decisions of the Council of the national Union of public notaries in Romania, which resolves the appeal pronounced in disciplinary matters.