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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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LEGE no. 63 63 of 31 January 1945 on the amendment of some provisions of the law for the High Court of Cassation and Justice
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 25 25 of 1 February 1945



MIHAI I, Through the grace of God and the national will, King of Romania, To all the girls and the future, health, On the report of our Minister of State to the Department of Justice No. 7.135 of January 24, 1945, Seeing the journal of the Council of Ministers No. 155 of 1945; Based on the provisions of the high royal decree no. 1.626 of 31 August 1944, published in the Official Gazette No. 202 of 2 Septemvrie 1944, We decreed and decreed: DECREE-law on amending some provisions of the law for the High Court of Cassation and Justice + Article 1 Section IV of the High Court of Cassation and Justice is abolished. + Article 2 Articles 4, 5, 8, 10, 31, 32, 47, 48, 49, 50 and 69, para. II of the law for the High Court of Cassation and Justice, shall be amended and supplemented as follows: "" Art. 4-The Court of Cassation and Justice consists of a first president, 3 section presidents and 51 councillors. It is divided into three sections. Each section consists of a president and 17 counselors. The president and councillors are permanent to the sections of which they belong, but can be permuted to other wards, in case of holidays, if they ask for this permutation. Art. 5-The public ministry of the Court of Cassation consists of a prosecutor general and 8 prosecutors of the section. Art. 8-In addition to the Court of Cassation and Justice the following categories of assistant magistrates operate: a first assistant magistrate, four first-class assistant magistrates and 36 second-class assistant magistrates. Assistant magistrates are part of the Court Corps. " In art. 10 10 the following final paragraph is added: " The fourth assistant magistrate of first class takes part in the meetings of the Section-Unite of the Court and in disciplinary commissions, when the first assistant magistrate is prevented. He works at the office of the first-president. " "" Art. 31-The court cases will be constituted with seven members. No decision can rule by a complete section if it does not meet at least five votes. When the number of councillors needed to form the court panel cannot be fulfilled, the shortcomings will be completed with councillors available from the other wards, after the appointment of the first president. Art. 32-If five votes are not met on the occasion of the delivery, the panel called to decide on the divergence will be composed of 11 members. If a majority of 7 votes cannot be formed when researching the appeal again, the appeal will be sent to the united sections. Art. 47-Section I-to judge all appeals in matters of private law, except those expressly given in the jurisdiction of another section, either by this law or by future special laws. Art. 48-Section II-judge the following appeals: a) In criminal matters, in cases determined by the criminal procedure or by special laws; b) In customs matters; c) In the contrary to the decisions of the forestry code d) Against the decisions of the military courts, according to art. 43 43 of this law. This section will also judge all appeals whose research is not assigned to other wards nor to other courts of appeal. Art. 49-Section III-to judge the following appeals: a) In matters of administrative litigation; b) In the matter of expropriation; c) In administrative and fiscal matters; d) In terms of pensions; e) In matters of nationality; f) In terms of mining legislation and oilfield consolidations; g) In matters of labour law; h) Against the decisions of the High Court of Auditors. This whole section also judges the conflicts of attribution. Art. 50-Appeals directed against the sentences given by the court as a court of appeal in matters of appeal to execution, and appeals against the terminations given by the courts of Transylvania as a court of appeal (recourse), in any matter of execution, remain in the jurisdiction of the respective Court of Appeal. The appeals given by the Code of Criminal Procedure, the law of ocoals and any other laws, in the jurisdiction of courts other than the High Court of Cassation and Justice, remain in the jurisdiction of those courts. Art. 69-para. II. -Only after the citation fees, when the law requires them, will be paid, and only after the appeal under appeal has been communicated to the appellant, unless the appellant declares that he gives up the communication. " + Article 3 The distribution of the pending appeals before the current sections of the High Court of Cassation and Justice, to be passed to other sections, will be made according to art. 103 of this law, whose provisions will apply in everything. + Article 4 The new distribution of the councillors of the High Court of Cassation and Justice will be made, taking into account their specialization and the interests of the sections, by the Minister of Justice, by decision published in the Official Gazette, after the opinion is taken the first president and the section presidents. The new distribution of the assistant magistrates will be made by the first president with the opinion of the section presidents. Assistant magistrates who would remain supernumerary will be made available to the Ministry of Justice, to be passed into other functions. + Article 5 Provisions of art. 64 and 65, para. I and II, of the law to expedite judgments, also apply before the High Court of Cassation and Justice. + Article 6 This law comes into force on February 1, 1945. Any or provisions contrary to the present law are also repealed. Given in Bucharest on January 31, 1945. MIHAI Justice Minister, L. Patrascanu The report of the Minister of Justice to M. S. King, Sire, The High Court of Cassation and Justice has reached in recent years to have four sections, with 70 members (including the prosecutor's office), which exceeds the number of sections and magistrates of the supreme courts of appeal in most countries. From this amplification of the composition of the High Court of Cassation and Justice, it follows, between other disadvantages, and a frequency of diversity of jurisprudential solutions, for, for example, often the same problems of civil law are solved by the section III (in terms of enforcement or even commercial matters), as well as section I-a. That is why we have reckoned that it is good to abolish a section of the High Court and proceed to a new division of the matter between the remaining sections. On this occasion, we thought it useful to bring the law to the High Court of Cassation and Justice and some other changes, such as to return to the 7-member panel, which is traditional to our supreme court and better corresponds to the need to ensure the unity of jurisprudence Of course, the case-law unit is also received by the fact that, because of the great number of appeals and grounds of appeal, the sections of the High Court saw themselves having to judge in two full court cases, which occasioned diversity of appeal. solutions between these complete, although they belong to the same sections. But the return to one complete, which takes part-unchanged or with small changes-at all meetings of a section, which would be desirable for a supreme court of scrapping, could only be achieved by a radical change in the law. organic of the High Court, especially as regards the list of scrapping grounds, admissible as grounds of appeal. Such a reform, however, cannot be undertaken today, it implying a review of the entire organic law of the High Court, which requires broader studies. For now, in order to achieve the above mentioned simplification, we have made up the next draft decree-law, which authorized by the Council of Ministers, with deep respect I submit to the High approval and signatures of Your Majesty. I'm with the deepest respect. Your Majesty, Justice Minister, I. Patrascanu -----