By :Apr 15, 2022Comments Off on Legal Updates 15 April 2022
1.The Romanian Law no. 69/2022 regarding the amendment and supplement of the Law no. 8/1996 on copyrights of artistic works in Romania
It is considered that an artistic work in Romania or other protected object is outside the commercial circuit when it can be assumed, in good faith, that the entire artistic work in Romania or the entire protected object is not available to the public through the usual commercial channels.
The patrimonial rights last the whole life of the author in Romania, and after his death these are transmitted by inheritance, according to the civil legislation, for a period of 70 years, regardless of the date on which the work was brought to the public knowledge in Romania, legally. If there are no inheritors, the exercise of these rights is a matter for the collective management body mandated by the author or, in the absence of a mandate, for the collective management body with the highest number of members in the respective artwork in Romania
2.The Romanian Decision no. 4/2022 regarding the admission of the notification filled by the Bucharest Court of Appeal – Criminal Section II in the File no. 16.037 / 301/2021, on the reference of a preliminary ruling on legal matters, issued by the Romanian High Court of Cassation and Justice
The fulfilment of the obligation to wear a protective mask in Romania, having the ability to hide the physiognomy, in the public spaces in Romania where the normative acts in force provide its obligation, attracts the incidence of the aggravating circumstantial element provided by the art. 229, para. (1) lit. c) of the Romanian Criminal Code regarding the theft committed by a masked person in Romania.
A person wearing a protective mask in Romania cannot be considered a masked person within the meaning of the Romanian Criminal Law, in all cases, this circumstance being determined on a case-by-case basis.
3.The circular no. 7/2022 on the level of the reference interest rate issued by the National Bank of Romania
As of April 6, 2022, the interest reference rate of the National Bank of Romania is 3.00% per year.
4.The Romanian procedure for engaging the joint and several liability regulated by the provisions of the art. 25 and 26 of the Law no. 207/2015 regarding the Fiscal Procedure Code, from 23.03.2022, Integral part of the Romanian Order 431/2022
Pursuant to the provisions of the art. 25 and 26 of the Romanian Law no. 207/2015 on the Romanian Fiscal Procedure Code, the Romanian local fiscal bodies which are responsible for the enforcement of the debtor, are entitled to request from any co-debtor the integral fulfillment of the payment obligation in Romania due to the local budgets of the administrative-territorial unit/ subdivision in Romania.
The cases of hiding the assets in bad faith in Romania can be:
a) changing the place of the movable assets so that it can no longer be found in Romania;
b) hiding of the movable and / or immovable assets in Romania in any form, so that it can no longer be the subject of the enforcement proceedings;
c) non-declaration of movable and / or immovable assets in Romania, especially of the debtor’s movable property, on the request of the local fiscal body.
Before issuing the decision to engage the joint and several liability, the Romanian local fiscal body ensures that the person for whom the joint and several liability is committed has the necessary conditions for the exercise of the right to be heard, in order to establish the factual situation.