High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 12 April 2021, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered three appeals in the interest of the law and returned the following Judgments

 

 

Judgment #5 in Case #3373/1/2020

 

Sustains the appeal in the interest of the law brought the Collegiate Management Body of the Court of Appeals Constanţa and consequently establishes that:

“In the interpretation of the stipulations of Art. 96 para. (1) and para. (2) letter b), Art. 100 para. (3), Art. 101 para. (3), Art. 102 para. (3) and Art. 109 para. (9) in Government Emergency Order #195/2002 on Driving on Public roads, as republished with subsequent amendments and supplements, corroborated with the stipulations of Art. 5 para. (5), Art. 21 para. (3) and Art. 34 para. (1) in Government Order #2/2001 on the Legal Treatment of Infractions, enacted with amendments and supplements as Law #180/2002, as amended and supplemented, the court of law called upon to rule on a challenge filed against a fine for a traffic violation which carried the additional penalty of a temporary restriction of the right to drive a car, a farm or forest tractor, or a streetcar, does not have the ability to examine the proportionality of such additional penalty.”

 

Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 12th of April 2021

 

    

 Judgment #6 in Case #108/1/2021

 

Sustains the appeal in the interest of the law brought The Collegiate Management Body of the Court of Appeals Alba Iulia and consequently establishes that:

In the uniform interpretation and application of the stipulations of Art. 55 para. (3) in Law #293/2004 on the Special-Status Public Servants in the National Administration of Penitentiaries, as republished with subsequent amendments and supplements, a Day Order in the Facility whereby an officer is tasked to perform additional responsibilities that are specific to a managerial position does not constitute an appointment to such position similar to that which is to be found in Art. 55 para. (3) in Law #293/2004.

 

Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 12th of April 2021

 

 

Judgment #7 in Case #280/1/2021

 

Sustains the appeal in the interest of the law brought The Collegiate Management Body of the Court of Appeals Alba Iulia and consequently establishes that:

In the uniform interpretation and application of the stipulations of Art. 120 para. (5) in Law #46/2008 – The Forestry Code, as republished with subsequent amendments and supplements, in the absence of developed guidelines, regulations, instructions and best practices, as under Art. 115 para. (1) in the same Law, the forestry personnel covered by those stipulations shall be entitled to a risk bonus in the amount of 25% of their base pay.

 

Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 12th of April 2021

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

 

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