Law No. 63 Of 31 January 1945 Concerning Modification Of Dispoziţiuni Of The Law To The High Court Of Cassation And Justice

Original Language Title:  LEGE nr. 63 din 31 ianuarie 1945 privitoare la modificarea unor dispoziţiuni din legea pentru Înalta Curte de Casaţie şi Justiţie

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Law No. 63 of 31 January 1945 concerning modification of dispoziţiuni of the Act for the High Court of Cassation and justice in ISSUING the PARLIAMENT published the OFFICIAL GAZETTE nr. 25 of 1 February 1945, Michael I, by the grace of God and the will of the King of Romania's national team, all from the face and future, on the report of the Minister of health, Our Secretary of State at the Department of justice no. 7,135 of 24 January 1945, Seeing the log-the Council of Ministers No. 155 in 1945;
Based on dispoziţiunilor high Royal Decree nr. on august 31, 1944, 1,626, published in Official Gazette No. 202 Septemvrie 2, 1944, I decreed and decretam: Decree-Law concerning modification of dispoziţiuni of the Act for the High Court of Cassation and justice shall Article 1, section IV of the High Court of Cassation and justice shall be dissolved.

Article 2 articles 4, 5, 8, 10, 31, 32, 47, 48, 49, 50 and 69, para. The law on the High Court of Cassation and justice, alter it and make as well as follows: Art. 4-the Court of Cassation and justice shall consist of a President, three Vice-Presidents and section 51 Councillors.
It is divided into three sections.
Each section is composed of a Chairperson and 17 Councillors.
The President and counselors are permanent sections which can however be permutati to other wards in the event of vacancies, if they ask for this permutation.
Art. 5-the public Ministry of the Court of Cassation shall be composed of one prosecutor general and prosecutors of section 8.
Art. 8-in addition to the Court of Cassation and Justice operates the following categories of magistrates-assistants: an Assistant magistrate, four magistrates first class assistants and 36 class-magistrates assistants.
Magistrates assistants are part of the judicial Body. "
In article 10. 10 the following paragraph is added: "the fourth magistrate Assistant class I take part in the meetings of the United Court Sections-and comisiunile, when the magistrate Assistant first is prevented. He works at the Cabinet of the first President. "
"Art. 31-the Court will Completele pose with seven members.
Any year cannot rule by a full section if you do not meet at least five votes.
When the number of Councillors required training panel judgment cannot be fulfilled, it will fill gaps with other sections advisors available, after which from the appointment of the first President.
Art. 32-in cases when the occasion that does not meet the five votes, the Panel called upon to decide on any dispute shall consist of 11 members.
If the research again the appeal will not be able to form a majority of 7 votes, the appeal is sent in sections.
Art. 47-section I to judge all appeals in matters of private law, except for those expressly within the competence of other sections, either by law or by special laws.
Art. section II-48-to judge the following remedies: a) in criminal matters, in cases arising from criminal proceedings or special laws;

b) in customs matters;

c) against judgments given under the forest code;

d) against decisions of the military courts, under art. 43 of this law.

This section will judge and all appeals to which is not assigned to other sections and any other instances of appeal.
Art. section III-49-to judge the following remedies: a) in matters of administrative law;

b) in respect of expropriation;

(c) administrative matters) and The tax avoidance;

d) pensions;

e) in matters of nationality;

f) in the field of mining legislation and strengthening of oil;

g) in matters of labour legislation;

h) in the High Court against deciziunilor accounts.

All this judging conflicts section debt collection.
Art. 50-Appeals against sentences data pointing in court as the Court of appeal in terms of opposition to execution and appeals against the discharges given by courts in Transylvania as the Court of appeals (recourse), in any implementation, remain within the competence of the courts of appeal in question.
Appeals by the criminal procedure code, the law courts of wards and any other laws, the jurisdiction of the Court other than the Court High Court of Cassation and justice, remain within the competence of those courts.
Art. -69. II.-No sake won't ordain only after citation fees, when the law requires them, and will be paid only after the contested decision was notified to the appeal to recurentului, if the seizure is the appellant States that waive the communication. "

Article 3 the distribution of appeals pending before the current sections of the High Court of Cassation and justice, which will be passed on to other sections, will be made according to art. 103 of this law, whose dispoziţiuni are applied altogether.

Article 4 allocation of New Councillors of the High Court of Cassation and justice will be done, taking into account their specialization and interests sections, by the Minister of Justice, by decision which shall be published in the Official Gazette, after taking the opinion of the first President and the Presidents of sections.
Allocation of new magistrates will be doing assistants first chair with the opinion of the Presidents of wards. Magistrates would remain supranumerari assistants will be put at the disposal of the Ministry of Justice, to be passed to other functions.

Article 5 Dispoziţiunile art. 64 and 65, para. I and II, of the Act to accelerate judecaţilor, apply before the High Court of Cassation and justice.

Article 6 this Act comes into force on February 1, 1945.
Any dispoziţiuni or contrary to the law of the face are and shall remain abrogated.
Given in Bucharest on 31 January 1945.
MIHAI Justice Minister l. Joshua Report of Mr. Justice Minister by m. s. King, Sire, the High Court of Cassation and Justice has come in recent years to have four sections, with 70 members (including parquet), which exceeds the number of sections and the magistrates of the supreme courts of appeal from most countries.
This amplification of the composition of the High Court of Cassation and justice, it follows, among other desavantagii, and a frequency range of jurisprudential solutions because, for example, often the same problems of civil law to solve and section III (in terms of execution or even in commercial matters), as well as section I.
Therefore, I reckoned that it is good to desfiintam a section of the High Court and to proceed to a new Division of material between the other sections remaining.
On this occasion, I thought useful to bring the law on the High Court of Cassation and justice, and a few other changes, how is to go back to the Panel of seven members, which is traditional to our Supreme Court and corresponds better to the need to ensure the unity of jurisprudence.
Sure, the school is primejduita by the fact that, because of the great number of appeals and of the grounds of appeal, the High Court was sections had to judge in two complete, what ocazioneaza variety of solutions between them, although they belong to the same section. But the return to a single complete take part-small changes or with unchanged-at all meetings of a section, which would be desirable for a Supreme Court of Cassation, might not be achieved only through a radical change in the organic law of the High Court, especially with regard to the list of grounds for cassation, admissible as grounds of appeal.
Such reform, however, cannot be undertaken today, it implies a re-examination of all the organic law of the High Court, which requires more extensive studies.
For the time being, in order to achieve the above simplification. exposed, we've compiled alăturatul draft decree-law, which authorized the being of the Council of Ministers, faithfully abide him High approval and signatures to Your Maiestatii.
Am with the deepest respect.
Al Maiestatii, Minister of Justice, i.-Joshua-