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Law No. 2 Of February 1, 2013

Original Language Title:  LEGE nr. 2 din 1 februarie 2013

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LEGE no. 2 2 of 1 February 2013 (* updated *) on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure ((updated on 24 December 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I Modification and completion of some normative acts in order to relieve the courts + Section 1 Amendment and completion of the Criminal Procedure Code + Article I Code of criminal procedure, republished in the Official Gazette of Romania, Part I, no. 78 of 30 April 1997, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 28 ^ 1, after point 5, a new point is inserted, paragraph 6, with the following contents: "6. Resolves requests for resettlement, in the cases provided by law." 2. In Article 28 ^ 2, after point 4, a new point is inserted, paragraph 5, with the following contents: "5. Resolves requests for resettlement, in the cases provided by law." 3. In Article 29, paragraph 5, letter c) is amended and shall read as follows: "c) requests for resettlement, in the cases provided by law;" 4. In Article 55, paragraph 1 shall be amended and shall read as follows: "" Art. 55. -High Court of Cassation and Justice displaced adjudication of a case from the court of appeal jurisdiction to another appellate court, and the court of appeal dismay adjudicate a case from a court or, as the case may be, from a trial in her constituency to a other court of the same degree in his constituency, if the impartiality of the judges could be stirred due to the circumstances of the case, local foes or the quality of the parties, when there is a danger of disorder of public order or when one of the parties has a relative or an afin up to the fourth degree including among the judges or prosecutors, judicial assistants or court clerks. The displacement of the judgment of a case from a competent military court to another military court of the same degree shall be ordered by the Military Court of Appeal, being applicable, accordingly, the provisions of this section on the displacement of judgment the case by the court of appeal. ' 5. In Article 56, paragraph 1 shall be amended and shall read as follows: "" Art. 56. -The request for resettlement is addressed to the High Court of Cassation and Justice or the competent court of appeal and must be reasoned. The documents on which the application is supported shall be joined, when they are held by the party requesting the resettlement. ' 6. In Article 57, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 57. -The president of the competent court of appeal requests, for the clarification of the court, information from the president of the hierarchical court superior to the one to which the case is sought, while communicating his fixed term for the trial of the application Displacement. The High Court of Cassation and Justice or the court of appeal jurisdiction to settle the application, when this is the superior hierarchical court, requests information to the Ministry of Justice 7. In Article 58, paragraph 2 shall be amended and shall read as follows: "In the information sent to the High Court of Cassation and Justice or the court of appeal, express mention is made about the conduct of the premises, attaching the evidence of their communication." 8. In Article 60, paragraphs 1 to 3 and 6 shall be amended and shall read as follows: "" Art. 60. -The High Court of Cassation and Justice or the competent court of appeal shall settle the request for resettlement by reasoned sentence. If it finds the request grounded, the High Court of Cassation and Justice orders the removal of the trial of the case to a court of appeal adjoining the court from which the displacement is sought, and the appellate court orders the displacement of the case to one of the courts of his constituency of the same degree as the court from which the displacement is sought. The High Court of Cassation and Justice or the competent court of appeal shall determine the extent to which the acts are maintained before the court from which the case has been displaced. ................................................................................ The sentence by which the High Court of Cassation and Justice or the competent court of appeal disposes of the displacement shall not be subject to any appeal. ' 9. Article 61 is amended and shall read as follows: "" Application Article 61. -The displacement of the case may not be required again, unless the new application is based on circumstances unknown to the High Court of Cassation and Justice or to the court of appeal competent for the settlement of the previous application or arising therefrom. " 10. Article 61 ^ 1 is amended and shall read as follows: " Appointment of another court to judge the case Art. 61 ^ 1. -The prosecutor who conducts or supervises the prosecution may ask the High Court of Cassation and Justice to designate an appeal court other than that which would return her jurisdiction to judge the case in the first instance, to be referred to in the case which will be issued to the indictment. The prosecutor who conducts or supervises the prosecution may ask the competent court of appeal to designate another tribunal or, as the case may be, a court other than that which would return jurisdiction to judge the case in the first instance, to be notified if the indictment will be issued. Art. 55 55 para. 1 1, art. 56 56 para. 1 1 and 2 and art. 61 61 shall apply accordingly. The High Court of Cassation and Justice or the competent court of appeal shall settle the application in the council chamber within 15 days. The High Court of Cassation and Justice or the competent court of appeal shall order, by reasoned conclusion, either the rejection of the application or the admission of the application and the appointment, as the case may be, of an equal court in the degree to which the jurisdiction would return in the first instance, to be notified if the indictment is issued. The conclusion by which the High Court of Cassation and Justice or the competent court of appeal shall settle the application shall not be subject to any appeal. ' 11. In Article 385 ^ 9 (1), point 1 is amended and shall read as follows: " 1. in the course of judgment, the provisions on jurisdiction after matter or the quality of the person have not been observed; 12. Article 385 ^ 9 (1), point 2 shall be repealed. 13. In Article 385 ^ 9 (1), point 6 is amended and shall read as follows: "6. the judgment took place in the absence of the defender, when his presence was mandatory;" 14. In Article 385 ^ 9 (1), points 7 to 11 shall be repealed. 15. In Article 385 ^ 9 (1), paragraphs 14 to 16 shall be amended and shall read as follows: "" 14. penalties have been imposed within limits other than those provided by law; 15. no pardon was found or wrongly found that the sentence imposed on the convict was pardoned; 16. wrongly ordered the termination of the criminal proceedings; " 16. In Article 385 ^ 9 (1), paragraphs 17 and 18 to 21 shall be repealed. 17. In Article 385 ^ 9, paragraph 3 is amended and shall read as follows: " The cases provided in par. 1 1 section 1, 3-6, 13 and 14 shall always be taken into account ex officio, and the one in point 15 shall be considered ex officio only when it has influenced the judgment over the defendant. " 18. After Article 385 ^ 10 a new article is inserted, Article 385 ^ 10a, with the following contents: " Admission in principle Art. 385 ^ 10a. -At the High Court of Cassation and Justice, the trial panel examines the admissibility of the appeal in the council chamber without citing the parties. If it finds that the application for appeal is brought against a judgment which is not subject to any appeal, a conclusion which shall be appealed only with the substance, of a judgment rendered on appeal or in appeal for annulment, order, by conclusion, the rejection of the application as inadmissible. " 19. In Article 385 ^ 15, paragraph 2, points c) and d) shall be amended and shall read as follows: " c) orders the retrial by the court whose decision has been scrapped, in the cases provided for in art. 385 ^ 9 para. 1 1 section 3 3-6 and retrial by the competent court, in the case provided in art. 385 ^ 9 para. 1 1 section 1. When the appeal concerns both the judgment of the first court and the judgment of the appellate court, in case of admission and the disposition of the retrial by the court whose judgment was scrapped, the case shall be sent to the first instance, if both judgments were scrapped, and to the appellate court, when only its judgment was scrapped. If he admits the appeal declared against the decision rendered on appeal, the appeal court also abolishes the judgment of the first court, if the same violations of law are found as in the decision recurred. The High Court of Cassation and Justice, if it admits the appeal, when it is necessary to administer evidence, orders the retrial by the court whose decision was scrapped; d) orders the retrial by the court of appeal in the cases provided in art. 385 ^ 9 para. 1 1 section 12 12-16 and 17 ^ 2, as well as in the case provided in art. 385 ^ 6 para. 3 3. " + Article II (1) The provisions on the casing cases provided for in the Code of Criminal Procedure, republished, with subsequent amendments and completions, in the form prior to the entry into force of this Law, remain applicable to criminal cases pending judgment on appeal, including those within the time limit for declaring the appeal. (2) The provisions relating to resettlement, namely those concerning the appointment of another court of the Code of Criminal Procedure, republished, with subsequent amendments and completions, as well as those brought by this law, shall apply only to applications displacing or designating another court with which the courts were notified after the entry into force of this law. + Section 2 Modification and completion of some normative acts in contravention matters and in the matter of administrative and fiscal litigation + Article III After Article 10 of Government Ordinance no. 15/2002 on the application of the use tariff and the toll rate on the national road network in Romania, published in the Official Gazette of Romania, Part I, no. 82 of 1 February 2002, approved with amendments and additions by Law no. 424/2002 , with subsequent amendments and completions, a new article is inserted, Article 10 ^ 1, with the following contents: " Art. 10 ^ 1. -By derogation from the provisions of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the complaint, accompanied by the copy of the minutes of finding the contravention, shall be entered at the court in whose constituency the offender is domiciled or has its headquarters. " + Article IV Article 109 of Law no. 188/1999 on the status of civil servants, republished in the Official Gazette of Romania, Part I, no. 365 of May 29, 2007, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 109. -The cases that have as object the service report of the civil servant are the competence of the administrative and fiscal section of the tribunal, except for the situations for which it is expressly established by law the competence of other courts. " + Article V After Article 25 of the Law of gratitude to the heroes-martyrs and the fighters who contributed to the victory of the Romanian Revolution of December 1989, as well as to the people who sacrificed their lives or suffered as a result of the labor revolt Anticommuniste de la Brașov din november 1987 341/2004, published in the Official Gazette of Romania, Part I, no. 654 of 20 July 2004, as amended and supplemented, a new Article 26 is inserted, with the following contents: "" Art. 26. --By way of derogation from provisions art. 10 10 para. ((1) of Law no. 554/2004 , with subsequent amendments and completions, disputes related to the application of the provisions of this law, in which the action is worded in contradiction with the State Secretariat for the Problems of the Revolutionaries of December 1989 or the Commission Parliamentary of the revolutionaries of December 1989, it is settled, in substance, by the administrative and fiscal section of the tribunal, and on appeal, by the administrative and fiscal section of the appeals court. " + Article VI Paragraph 4 of Article 90 ^ 2 of Law no. 448/2006 on protection and promotion of the rights of persons with disabilities, republished in the Official Gazette of Romania, Part I, no. 1 of 3 January 2008, with subsequent amendments and completions, shall be amended and shall read as follows: " (4) Decisions issued by the Higher Commission may be appealed to the administrative and fiscal section of the tribunal, according to Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions, the applications to the court being exempt from the stamp duty. " + Article VII Romanian Citizenship Law no. 21/1991 , republished in the Official Gazette of Romania, Part I, no. 576 of 13 August 2010, shall be amended and supplemented as follows: 1. In Article 19, paragraph 4 shall be amended and shall read as follows: " (4) The order rejecting the application for granting or regaining the Romanian citizenship can be appealed, within 15 days from the date of communication, to the Administrative and Fiscal Litigation Section of the Bucharest Tribunal. The judgment of the tribunal can be appealed to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. " 2. In Article 31, paragraph 6 shall be amended and shall read as follows: " (6) The order to reject the request for waiver of Romanian citizenship can be appealed, within 15 days from the date of communication, to the Bucharest Court. The judgment of the tribunal can be appealed to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal. " 3. Article 32 (7) shall be amended and shall read as follows: " (7) The order may be appealed, within 15 days from the date of communication, to the administrative and fiscal section of the court of residence or, as the case may be, the residence of the applicant. If the applicant does not have his domicile or residence in Romania, the order can be appealed, at the same time, to the Administrative and Fiscal Division of the Bucharest Tribunal. The judgment of the court is final and irrevocable. 4. After Article 37, a new article is inserted, Article 37 ^ 1, with the following contents: "" Art. 37 37 ^ 1. -Disputes regarding administrative acts, issued or adopted in application of the provisions of this law, other than those provided by art. 19 19 para. ((4), art. 31 31 para. ((6) and art. 32 32 para. (7), as well as disputes regarding the unjustified refusal of the issuance of these acts are the competence of the administrative and fiscal section of the tribunal. The judgment delivered by the court may be appealed to the administrative and fiscal section of the appellate court. " + Article VIII Paragraph 6 of Article 38 of the Law no. 184/2001 on the organization and exercise of the profession of architect, republished in the Official Gazette of Romania, Part I, no. 771 of August 23, 2004, with subsequent amendments and completions, shall be amended and shall read as follows: " (6) Against the decision of the National Disciplinary Commission, by which a disciplinary sanction provided in par. ((2), it may be appealed to the court of competent administrative court, within 30 days from the date of communication of the judgment. " + Article IX Articles 39 and 60 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, as amended, shall be repealed. + Article X Paragraph 1 of Article 20 of Title VII 'Conditions of establishment and payment of compensation relating to buildings improperly taken up' of Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 of July 22, 2005, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 20. -(1) The competence to settle the action in administrative litigation having as object the appeal of the decision adopted by the Central Commission for the Establishment of Compensation or, as the case may be, its refusal to issue the decision lies with the administrative and fiscal litigation of the tribunal in whose territorial area the applicant resides. If the applicant resides abroad, the application is addressed to the court of his residence in the country or, as the case may be, to the court of his representative in Romania, and if he has no residence in Romania and no representative with his domicile in Romania, the application is addressed to the Administrative and Fiscal Litigation Section of the Bucharest Tribunal. " + Chapter II Provisions on the preparation of implementation of Law no. 134/2010 on the Code of Civil Procedure + Section 1 Implementing provisions of the Law no. 134/2010 on the Code of Civil Procedure + Article XI Application of provisions art. 13 13 para. ((2) of Law no. 134/2010 on the Code of Civil Procedure, republished, in the case of courts and prosecutors, on appeal, applications and conclusions can be formulated and supported by the president of the court or the head of the prosecutor's office, by the legal adviser or the prosecutor appointed, for this purpose, by the president of the court or the head of the prosecutor's office. + Section 2 Transitional measures for the implementation of Law no. 134/2010 on the Code of Civil Procedure + Article XII ((1) Provisions Law no. 134/2010 on the Civil Procedure Code, republished, on the research of the process and, as the case may be, the debate of the fund in the council chamber applies to the processes started as of 1 January 2017. ---------- According to para. ((1) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the deadlines provided for in art. XII para. ((1), art. XIII sentence I, art. XVIII para. ((1) and art. XIX para. ((1) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 89 of 12 February 2013, as amended, shall be extended until 1 January 2017. (2) In the processes started from the date of entry into force of this Law and until December 31, 2015, the investigation of the process and, as the case may be, the debate of the fund shall be held in public session, unless the law provides otherwise. Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Article XIII Provisions Law no. 134/2010 on the Code of Civil Procedure, republished, regarding the preparation of the appeal file or, as the case may be, of appeal by the court whose decision is appealed shall apply in the trials started as of 1 January 2017. In the processes started from the date of entry into force of this Law until 31 December 2015, the provisions of art. XIV-XVII. ---------- According to para. ((1) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the deadlines provided for in art. XII para. ((1), art. XIII sentence I, art. XVIII para. ((1) and art. XIX para. ((1) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 89 of 12 February 2013, as amended, shall be extended until 1 January 2017. + Article XIV ((. The appeal and, where appropriate, the grounds for appeal shall be filed with the court whose judgment shall be appealed. ((2) Provisions art. 195 195 of Law no. 134/2010 on the Civil Procedure Code, republished, are duly applicable. (3) The president of the court or the person designated by him shall submit to the appellate court the file, together with the calls made, only after the fulfillment of the appeal (4) If both appeal and appropriate requests have been made art. 442 442-444 of Law no. 134/2010 on the Code of Civil Procedure, republished, the file will not be sent to the appellate court until after the end of the appeal period on the decisions given on the latter requests. Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Article XV (1) The chairman of the appellate court or the person designated by him, as soon as he receives the file, will, by resolution, take measures for random distribution to a full of judgment. (2) If the request for appeal does not meet the conditions provided by law, the panel to which the file has been assigned will determine the deficiencies of the call for appeal and will communicate, in writing, to the caller that it has the obligation to complete or modify the request. Completion or modification of the application will be made no later than 10 days from the date of communication. (3) After receiving the file or, when applicable, after regularization of the call for appeal according to par. (2), the panel will order the communication of the call for appeal, as well as the reasons for the call of the intimate, together with the certified copies on the adjoining documents and which were not depicted at the first instance, putting them in view of the obligation to file on file welcome no later than 15 days from the date of communication. (4) The application shall be communicated to the appellant immediately, having regard to the obligation to submit to the file the response to the meeting no later than 10 days after the date of communication. The intimate will become aware of the response to the encounter in the case file. (5) If both appeal and appropriate requests have been made art. 442 442-444 of Law no. 134/2010 on the Code of Civil Procedure, republished, the provisions of para. ((3) and (4) shall apply accordingly. (6) Within 3 days from the date of submission of the response to the meeting, the judge shall fix by resolution the first trial term, which shall be no more than 60 days from the date of the resolution, ordering the citation of the parties. (7) If the intimate did not meet within the period provided in par. (3) or, as the case may be, the caller did not communicate response to the meeting within the period provided in par. (4), at the expiry date of the corresponding period, the judge shall fix by resolution the first trial term, which shall be no more than 60 days from the date of the resolution, ordering the citation of the parties. (8) Provisions art. 201 201 para. ((5) and (6) of Law no. 134/2010 on the Civil Procedure Code, republished, shall apply accordingly. ((9) Provisions art. 475 475 para. ((3) of Law no. 134/2010 on the Civil Procedure Code, republished, remain applicable. Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Article XVI (1) The incident appeal and the appeal caused shall be filed by the intimate once the main appeal is met, and the provisions of art. XV para. ((4). ((2) The appeal is also communicated to the intimate of this appeal, provided for in art. 473 473 of Law no. 134/2010 on the Code of Civil Procedure, republished, which is obliged to submit a meeting within the period provided for in art. XV para. ((4), which shall apply accordingly. The one who exercised the challenged call will become aware of the encounter from the case file. Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Article XVII (1) The appeal and, if applicable, the reasons for scrapping shall be submitted to the court whose decision is attacked, under the conditions provided in art. 83 83 para. ((3) and art. 84 84 of Law no. 134/2010 on the Code of Civil Procedure, republished. (2) When the appeal is within the competence of the High Court of Cassation and Justice, the president of the court or the section president or, as the case may be, the person appointed by them, receiving the file from the court whose decision is attacked, will take, by resolution, measures for the random establishment of a 3-judge panel, which will prepare the appeal file and decide on the admissibility in principle of the appeal. Provisions art. 475 475 para. ((3) of Law no. 134/2010 on the Civil Procedure Code, republished, are applicable. (3) Provisions art. XIV para. ((2)-(4) and art. XV para. ((2)-(5) shall apply accordingly, with the exception of the appeal which falls within the jurisdiction of the High Court of Cassation and Justice. The term provided in art. XV para. ((3) shall be doubled in the case of appeal. The meeting must be drafted and signed by the lawyer or legal adviser of the intimate, and the response to the meeting by the lawyer or legal adviser of the appellant. -------- Alin. ((3) of art. XVII has been modified by art. VIII of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. (4) The provisions of art. The XVI shall apply accordingly. Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Article XVIII ((1) Provisions art. 483 483 para. ((2) of Law no. 134/2010 on the Civil Procedure Code, republished, shall apply to the processes started as of 1 January 2017. ---------- According to para. ((1) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the deadlines provided for in art. XII para. ((1), art. XIII sentence I, art. XVIII para. ((1) and art. XIX para. ((1) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 89 of 12 February 2013, as amended, shall be extended until 1 January 2017. (2) In the processes started from the date of entry into force of this Law and until December 31, 2015, the decisions rendered in the applications provided for in the art. 94 94 section 1 lit. a)-i) of Law no. 134/2010 on the Code of Civil Procedure, republished, in those relating to civil navigation and activity in ports, labour and social security conflicts, in matters of expropriation, in claims relating to compensation for damage caused by legal errors, Also, in these processes, the decisions given by the courts of appeal are not subject to appeal in cases where the law provides that the decisions of first instance are subject only to appeal Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Article XIX ((1) Provisions art. 520 520 para. ((6) of Law no. 134/2010 on the Civil Procedure Code, republished, shall apply to the referrals made in the processes started as of 1 January 2017. ---------- According to para. ((1) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the deadlines provided for in art. XII para. ((1), art. XIII sentence I, art. XVIII para. ((1) and art. XIX para. ((1) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 89 of 12 February 2013, as amended, shall be extended until 1 January 2017. ((2) The referrals for the delivery of a preliminary ruling for the unbundling of some questions of law, formulated in the processes started from the date of entry into force of this Law until 31 December 2015, shall be judged by a complete consisting of the chairman of the corresponding section of the High Court of Cassation and Justice or a judge appointed by him and 8 judges of that section. The president of the section or, in case of impossibility, the judge appointed by him is the president of complete and will take the necessary measures for the random appointment of the judges. Note
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According to para. ((2) art. unique of EMERGENCY ORDINANCE no. 62 62 of 23 December 2015 , published in MONITORUL OFFICIAL no. 964 of 24 December 2015, the provisions of art. XII para. ((2), art. XIV-XVII, art. XVIII para. ((2) and art. XIX para. ((2) of Law no. 2/2013 on certain measures for the relief of the courts and for the preparation of the implementation of the Law no. 134/2010 on the Code of Civil Procedure, as amended, shall also apply to processes started from 1 January 2016 until 31 December 2016 inclusive.
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+ Section 3 Amendment of some normative acts in matters of labour and social security + Article XX Paragraph 1 of Article 269 of the Law no. 53/2003 -Labor Code, republished in the Official Gazette of Romania, Part I, no. 345 of 18 May 2011, with subsequent amendments and completions, shall be amended and shall read as follows: "" Art. 269. -(1) The judgment of labor disputes is the jurisdiction of the courts, established according to the law. " + Article 21 Social dialogue law no. 62/2011 , republished in the Official Gazette of Romania, Part I, no. 625 of 31 August 2012, shall be amended as follows: 1. Article 208 is amended and shall read as follows: "" Art. 208. -Individual labor conflicts are settled in the first instance by the court. " 2. Article 209 shall be repealed. 3. Article 210 shall be amended and shall read as follows: "" Art. 210. -Applications relating to the settlement of individual labour disputes shall be addressed to the tribunal in whose constituency the applicant is domiciled or his place of employment. ' + Article XXII Repealed. ----------- Art. XXII was repealed by lit. c) a art. 4 of LAW no. 125 125 of 23 September 2014 , published in MONITORUL OFFICIAL no. 700 700 of 24 September 2014.
+ Chapter III Transitional and final provisions + Article XXIII (1) Processes in the first instance, as well as remedies in the matter of administrative and fiscal litigation, pending on the date of change, according to the provisions of this law, of the jurisdiction of the legal courts vested shall be judged by the courts become competent according to this law. (2) Appeals pending before the High Court of Cassation and Justice-Administrative and Fiscal Litigation Section on the date of entry into force of this Law and which, according to the present law, are within the jurisdiction of the courts of appeal shall be sent to the courts of call. (3) Processes pending in the first instance in the matter of administrative and fiscal litigation on the date of entry into force of this law before the courts of appeal and which, according to the present law, are within the jurisdiction of the courts shall be sent at the courts. (4) In the cases provided in par. (1)-(3), the files shall be sent, by administrative means, to the courts that have become competent to judge them. + Article XXIV Art. XI, of art. XX and art. XXI enters into force on the date of entry into force of this Law. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
p. CHAMBER OF DEPUTIES PRESIDENT,
VIOREL HREBENCIUC
SENATE PRESIDENT
GEORGE-CRIN LAURENȚIU ANTONESCU
Bucharest, February 1, 2013. No. 2. ----