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Law No. 51 Of 7 July 1993 Concerning The Granting Of Rights Of Magistrates That Were Removed From Justice For Political Reasons During The Years 1945-1952

Original Language Title:  LEGE nr. 51 din 7 iulie 1993 privind acordarea unor drepturi magistraţilor care au fost înlăturaţi din justiţie pentru considerente politice în perioada anilor 1945-1952

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LEGE no. 51 51 of 7 July 1993 (* updated *) on the granting of rights to magistrates who were removed from justice for political considerations during the years 1945-1989 * *) ((updated until 26 November 2008 *)
ISSUER PARLIAMENT




------------ *) The initial text was published in the OFFICIAL GAZETTE no. 157 157 of 12 July 1993. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until November 26, 2008, with the amendments and additions made by: JUDGMENT no. 178 178 of 22 April 1994 ; EMERGENCY ORDINANCE no. 60 60 of 28 December 1998 ; LAW no. 204 204 of 19 April 2002 ; EMERGENCY ORDINANCE no. 170 170 of 12 November 2008 . **) The title of the law was amended by item 1 1 of art. I of EMERGENCY ORDINANCE no. 170 170 of 12 November 2008 , published in MONITORUL OFFICIAL no. 792 792 of 26 November 2008. The Romanian Parliament adopts this law + Article 1 *) Magistrates who during 1945-1989 were removed from justice for political reasons are entitled to a non-taxable monthly allowance of 500 lei. The amount of the allowance is updated annually, depending on the inflation rate, by Government decision. ----------- Paragraph 1 of art. 1 1 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 170 170 of 12 November 2008 , published in MONITORUL OFFICIAL no. 792 792 of 26 November 2008. Persons referred to in par. 1 benefits free of charge from medical assistance and medicines in state health facilities. Provisions of para. 1 1 does not apply to persons who benefit from the provisions Decree-Law no. 118/1990 on the granting of rights to persons persecuted for political reasons of dictatorship established with effect from 6 March 1945, as well as those deported abroad or constituted in prisoners, with subsequent amendments and completions. + Article 2 To establish the situations and rights provided by art. 1 is established, in addition to each county court and the Bucharest City Court, a commission consisting of three members-two judges and a representative of the general directorate of public finances and state financial control. One of the judges will be the committee chair Coordination of the activity of the commissions provided in 1 is carried out by the Ministry of Justice, which will also endorse their composition. + Article 3 The rights provided in art. 1 1 shall be determined at the request of the Proving the situations shown in art. 1 1 para. 1 is made by the persons concerned, with official documents issued by the competent bodies, and if it is not possible, by any means of proof provided by law. The Commission shall be obliged to decide on the application no later than 30 days after the referral by a reasoned decision. Against the judgment, the person concerned or the general direction of public finances and state financial control may appeal, under the conditions Law of Administrative Litigation no. 29/1990 , within 15 days of the communication of the decision to them. The tribunal ruling is final. + Article 4 Allowances provided for in art. 1 1 para. 1 shall be borne from the state budget and shall be paid by the Ministry of Justice by the county courts or Bucharest Municipality, in whose territorial area the persons referred to in art. 1 1 para. 1. The allowance is indexed under the same conditions as state social insurance pensions. + Article 5 Benefit from the provisions of this law and persons who repatriate and establish their domicile in Romania, as well as Romanian citizens abroad who change their domicile in the country, if they were in the situation provided in art. 1 1 para. 1. + Article 6 The provisions of this law do not apply to persons convicted of crimes against peace and mankind or those who have proved, on the basis of the procedure provided in art. 3, that they carried out a fascist activity within an organization or movements of this kind. + Article 7 *) Applications for the establishment of the rights provided for by this law can be submitted to the county commissions or the city of Bucharest within which the interested persons reside. ----------- Article 7 has been amended by section 7. 3 3 of art. I of EMERGENCY ORDINANCE no. 170 170 of 12 November 2008 , published in MONITORUL OFFICIAL no. 792 792 of 26 November 2008. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. II of EMERGENCY ORDINANCE no. 170 170 of 12 November 2008 , published in MONITORUL OFFICIAL no. 792 of 26 November 2008, the applications provided for by art. 7 7 of Law no. 51/1993 , as amended, may be submitted within one year from the date of entry into force of this emergency ordinance. From the same date the allowance provided for in art. 1 1 para. 1 1 of Law no. 51/1993 ,, as amended, as amended by this Emergency Ordinance. + Article 8 The Ministry of Economy and Finance *) will establish, accordingly, the necessary changes in the budget of the Ministry of Justice, based on the documentation submitted by this ministry. ----------- * *) By JUDGMENT no. 18 18 of 4 January 2001 , published in MONITORUL OFFICIAL no. 12 of January 10, 2001 was ordered the organization and functioning of the Ministry of Public Finance. By JUDGMENT no. 386 386 of 25 April 2007 , published in MONITORUL OFFICIAL no. 304 of May 8, 2007 was ordered the organization and functioning of the Ministry of Economy and Finance. ----------