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NEW PARTNERSHIP

I am proud to announce the partnership , in 2017, between “Danila Magda-Luminita- Law Firm”, “Dragomir & Asociatii -Law Firm” and “Carmen Bichis” Law Office, that has been established to provide legal services in various law areas by mobilizing the efforts of a team of professionals, which aims to promote competence, integrity, results and efficiency. The managing partners of the above forms of professional organization have an understanding experience of over 25 years in the legal field and have coordinated in the course of time complex projects for Romanian and foreign corporate clients, multinational companies, public institutions and individuals.


The main expertise area : public procurement, projects financed from European funds, corporate and commercial law, dispute resolution, employment, real estate and construction, mergers & acquisitions, banking, finance & capital market, criminal business law, it, telecommunications & media, international commercial arbitration, energy & natural resources, compliance, insolvency.

LEGAL NEWS

In the Official Gazette of Romania, Part I no.493/ 2016, was published the Judgement no.5/2016 issued by the High Court of Cassation and Justice of Romania. Interpreting the provisions of article 7(1) of the Law no. 76/2008 , the High Court of Cassation and Justice of Romania established that courts are not allowed to order the collection of the biological material from juvenil defendants convicted to educational measures, in order to be stored within the National System of Genetically Judicial Data.

In the Official Gazette of Romania, Part I no. 505 / 2016, was published the Judgement no. 10/2016 of the High Court of Cassation and Justice of Romania

Interpreting the provisions of article 27(1) of the Government Ordinance no. 137/2000 which refers to the discrimination treatment , the High Court of Cassation and Justice of Romania established: the law court entitled to solve the claims in this area is the local court or the tribunal – the civil chambers- in connection with the value of the claim, excepting the cases of special juridictions as established by distinct regulations.

In the Official Gazette of Romania, Part I no. 517/2016, was published the Decision no. 405/2016 of the Constitutional Court of Romania

It was established that the provisions of article 246 of the Penal Code of 1969 and of article 297 (1) of the new Penal Code ( which refer to maladministration as an offence) are in accordance with the Romanian Constitution only if by the wording „runs improperly ” – part of these provisions- it is understood „runs improperly by breaking the law”.

In the Official Gazette of Romania, Part I no. 532 /2016 was published the Decision no. 397/2016 of the Constitutional Court of Romania

It was established that article 67 of the Law no. 192/2006 regarding the mediation process is in accordance with the Romanian Constitution if the arrangement agreement is concluded until the indictment is read in front of the judge. In the Official Gazette of Romania, Part I no. 545/2016, was published the Law no. 151/2016 regarding the European protection order which amends certain other laws in connection with the new legal provisions.

In the Official Gazette of Romania, Part I , no. 654/2016, was published the Judgement no. 16/2016 of the High Court ao Cassation and Justice of Romania.

It was established that:

1. the actions described in article 29 (1) a, b) and c) of the Law no. 656/2002 for the prevention and punishment of money laundering are alternative ways of the unique offense of money laundering.

2. The author of the money laundering offense can be also the author of the offense which provided the estate coming from criminal offenses.

3. Money Laundering is an autonomous offense, its existence is not conditional on a conviction based on the offence wich provided the estate comming from that one.