Law No. 29 of 28 February 2006 (the “Law”) for the amendment of the Law No. 303 of 28 June 2004 regarding the status of judges and public prosecutors (the “Magistrature’s Law”

The Law amends the Magistrature’s Law with respect to the conditions in which the judges, public prosecutors or the financial judges and financial public prosecutors whom previously worked in the Romanian Accounts Court may request to be pensioned off.

The Law enters into force in three days as of its publication in the Official Gazette of Romania. (Official Gazette No. 198 of 2 May 2006)

Decision No. XXI of 12 December 2005 (the “Decision”) of the High Court of Cassation and Justice pertaining to the recourse in the benefit of the law declared by the general prosecutor of the public prosecutor’s office of the High Court of Cassation and Justice with respect to the enforcement of certain provisions of the Law No. 7 of 13 March 1996 on the real estate publicity.

The Decision aims to establish a unified interpretation by the law courts of certain provisions of the Law No. 7 of 13 March 1996 on the real estate publicity.

The Decision enters into force as of its publication in the Official Gazette of Romania. (Official Gazette of Romania No. 225 of 13 March 2006)


Law No. 219 of 6 July 2005 (the “Law”) regarding the approval of the Government Emergency Ordinance No. 138 of 14 September 2000 (the “GEO”) pertaining to the amendment and completion of the Civil Procedure Code.
The Law introduces further amendments to the GEO in terms of law court’s competency, judge challenge, transfer of lawsuits to another court, juridical assistance, subpoenas and other procedural acts, writ of summons, counterclaim, legal expertise, evidences, witnesses, arbitration, writs of execution, bails.

The Law enters into force in three days as of its publication in the Official Gazette of Romania. (Official Gazette No. 609 of 14 July 2005)


Constitutional Court Decision No. 176 of 24 March 2005 regarding the claim of unconstitutionality of the provisions of the Article 302¹ paragraph I letter a) of the Civil Procedure Code.
According to the provisions of the Article 302¹ paragraph I letter a) of the Civil Procedure Code, a petition for appeal failing to specify the name, domicile or residence of the parties, or, for legal entities, the name and social headquarters, as well as the number of registration with the Trade Registry, the sole registration number and the bank account and, if the appellant resides abroad, the chosen domicile in Romania, is null and void. Furthermore, the Constitutional Court has admitted the claim of unconstitutionality filed against the abovementioned provision stipulated by the Civil Procedure Code. Following the Constitutional Courts decision, it is no longer mandatory for the appellant to specify the name the aforementioned coordinates in the content of a petition for appeal.

The Constitutional Court Decision No. 176 of 24 March 2005 was published in the Official Gazette of Romania. (Official Gazette No. 356 of 27 April 2005)


Government Ordinance No. 12 of 21 January 2005 (the “GO”) regarding the completion of Article 15 of the Law No. 146 of 24 July 1997 pertaining to the legal stamp duties.
According to the provisions of the GO, there are excepted from legal stamp duties all actions and petitions regarding the establishment and granting of civil compensations for alleged infringements of the rights provided by the Article 2 and 3 of the Conventions of Human Rights and Fundamental Freedoms, ratified by the Law No. 30 of 18 May 1994. The Articles 2 and 3 refer to the right to life and the right of not being the subject to torture, punishments, inhuman or degrading treatments.

The GO enters into force in three days as of its publication in the Official Gazette of Romania. (Official Gazette No. 98 of 28 January 2005)