September 29, 2022

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Laws of Justice, on the agenda of today’s government meeting

The government is going to approve, in Wednesday’s meeting, the draft laws of Justice, respectively the draft law on the status of judges and prosecutors, the draft law on judicial organization and the draft law on the Superior Council of Magistracy.

The Ministry of Justice emphasized last week that none of the provisions of the projects amending the Justice laws show that the binding character of the decisions of the Constitutional Court of Romania is “ignored”.

The Ministry sent a press release in which it made a series of clarifications after accusations were launched in the public space to the effect that the projects would be “retrograde” and national sovereignty would be violated or even “sold” under the conditions of elimination from the draft law regarding the status of judges and prosecutors, the possibility of disciplinary sanctions against the judge for non-compliance with the decisions of the CCR, in favor of the application of a mandatory provision of European Union law.

The Superior Council of the Magistrate approved favorably, with 13 votes “for” and six “against”, the draft law on the status of judges and prosecutors (294 articles), the draft law on judicial organization (159 articles) and the draft law on the Superior Council of the Magistracy ( 96 articles), reminded MJ.

“From none of the provisions of the three drafts does it appear that the binding nature of the CCR decisions is ignored, no provision of the law stipulates their optional nature. The provisions of art. 147 paragraph (4) of the Constitution remain untouched. The drafts do not regulate the relations between The Constitution of Romania and the European Treaties have a completely and completely different purpose and normative content,” said the quoted source.

In the Government meeting, a draft law will also be approved regarding the establishment of the organizational framework in order to operationalize at the national level the centralized system for determining the member states that have information on the convictions of third-country nationals and stateless persons, as well as for the amendment and completion of Law no. . 290/2004 regarding the criminal record.

The executive will decide, through an ordinance, to amend the annex to OG no. 8/2022 on the interoperability of electronic road tolling systems and the facilitation of the cross-border exchange of information regarding the non-payment of road tolls, so that the data contained in this annex are in accordance with the new amendments brought by Directive (EU) 2022/362 on the Directive (EU ) 2019/520.

Through another ordinance, the Government is going to establish some measures regarding the completion of the intervention works to increase the energy performance of the housing blocks within the multi-year national program on increasing the energy performance of the housing blocks with financing in the period 2019 – 2021.

The agenda of the meeting also includes a draft ordinance for the amendment and completion of Law no. 119/1996 regarding civil status documents. The changes considered aim, among other things, at creating the legal framework necessary for the operationalization of the IT system for the management of the civil status activity (SIIEASC), with an impact on the speedy resolution of the requests of Romanian and foreign citizens whose acts and facts of civil status are registered in Romania.

A draft ordinance on the regulation of some financial measures by establishing the de minimis aid scheme for the transition to the circular economy will also be approved.

The Government will approve, through a decision, the Agreement between the Government of Romania and the Government of the Republic of Turkey for the financing of projects in certain fields, signed in Istanbul on March 31, 2022.

Also by decision, the Executive will grant exceptional aid to agricultural producers, animal breeders in the pig and poultry sectors.

Through another decision, the distribution to the state budget, for the financial year of 2021, in the form of dividends, of a share of 50% of the accounting profit of the CUPRU MIN SA Abrud Company remaining after the deduction of the profit tax will be approved.

Another draft decision concerns the designation of the administrator of the guarantee-return system for non-reusable primary packaging.

The government will approve, through a memorandum, the signing of the convention between Romania and the Principality of Liechtenstein for the elimination of double taxation with regard to income and capital taxes and the prevention of tax evasion and tax evasion and the protocol annexed to the convention.

Through another memorandum, the Executive will approve the termination of validity/denouncing of cooperation documents on the relationship with the Russian Federation and the Republic of Belarus.

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