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December 6, 2022

Court relief law, adopted by Chamber of Deputies

The Government is expected to adopt today an emergency ordinance saying the new Code of Civil Procedure shall enter into force right after the entry into effect of the court relief law.

The Chamber of Deputies sat in extraordinary session yesterday to adopt the draft law on the relief of courts of justice and preparation of the implementation of the Code of Civil Procedure. The MPs of the power and those of the opposition made a common front for adopting the bill, therefore the result of the vote was an overwhelming positive one with 307 in favour, two against and 3 abstentions. Only one amendment introduced by the Democrat Liberals, suggesting a separate regulation on special pensions of auxiliary specialised personnel working in courts and prosecutor’s offices was rejected as not being the object of the law in question. Present in parliament, PM Victor Ponta said the idea to bring the law into force on February 1 was in connection with the Cooperation and Verification Mechanism (CVM) imposed on Romania. ‘We also talked to President Traian Basescu and the speakers of the two Chambers for an expedited adoption of the draft law and the president supported the promulgation of the law by February 1. I promise you I will talk to the president as soon as he gets back to the country and, if needed, possibly tomorrow (today – a/n), we will adopt an ordinance saying the Code of Civil Procedure shall enter into force when this law enters into force,’ Mediafax quoted Ponta as having said. The premier says he has also talked to the Minister of Justice, Mona Pivniceru, about the solution (adopt an emergency ordinance proroguing the Code of Civil Procedure until right after the entry into force of the court relief law – a/n), noting that such emergency ordinance would resolve ‘all issues regarding the terms’. ‘We will no longer be impaired by this big term issue, because there is the term for challenging the act in the Constitutional Court, followed by the 20 days allowed for promulgation and it would be pointless to be under time pressure for a day or two. In practice, tomorrow (today), we say when the court relief law comes into effect, the Code of Civil Procedure is also coming into effect and we remove all problems like that,’ Ponta explained. He reminded that President Traian Basescu also wanted the court relief law to come into force as soon as possible, that being a topic discussed last week, during the meeting of the president, USL leaders and speakers of the two Chambers that took place in the office of the Senate Speaker, Crin Antonescu. In November 2012, Traian Basescu returned the court relief law to Parliament, noting that the Senate had been the first notified Chamber which was against the Constitution, and asked that the Chamber of Deputies should be the decision-making chamber when the law was re-examined. Justice Minister Mona Pivniceru, in turn, said Monday night that a prorogation of the Code of Civil Procedure was no longer needed, meaning that it would come into force as agreed (February 1 – a/n), an ordinance having been prepared for that.  ‘We have prepared an ordinance for the eventuality in which something goes wrong with the parliamentary procedures. (…) I understand the Parliament has mobilised itself and so has the Presidency, therefore the Code of Civil Procedure will come into force in February, in a few days from now,’ Pivniceru said after the Justice Ministry 2013 budget had been approved.  On January 22, the minister of Justice was saying the entry into force of the Code of Civil Procedure would be prorogued from February 1 to July 1, in order for the judicial system to be operational.

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