86
► The appeal in the interest of the law regarding the interpretation and application
of the provisions of Art. 30 paragraph (1) lit. a) of Law no. 263/2010 regarding the unitary
system of public pensions with subsequent modifications and completions, and Art. 3 point 1
of the Mining Law no. 85/2003, with the subsequent modifications and completions, in the
sense of determining whether the activity carried out within the units of geological exploration
or underground operations is considered activity carried out in a «mining unit» and can be
classified under special working conditions.
The solution of the High Court of Cassation and Justice
By Decision no. 9/2019, the High Court of Cassation and Justice admitted the appeal
in the interest of the law formulated by the People's Advocate and, as a consequence,
established that: in interpreting and applying the provisions of Art. 30 paragraph (1) letter a)
of Law no. 263/2010 regarding the unitary system of public pensions, with subsequent
amendments and completions, and Art. 3 point 1 of the Mining Law no. 85/2003, with the
subsequent modifications and completions, the activity carried out within the units of
geological prospecting or underground operations cannot be considered activity carried out in
a "mining unit" and classified under special working conditions.
In this file, the High Court of Cassation and Justice established an interpretation
contrary to the point of view expressed by the People's Advocate and the Public Ministry.
► The appeal in the interest of the law having as object the interpretation and
application of Art. 22 of Law no. 104/2003 regarding the manipulation of human corpses and
the removal of organs and tissues from bodies for transplantation, republished
The solution of the High Court of Cassation and Justice
By Decision no. 24/2019, the High Court of Cassation and Justice admitted the appeal
in the interest of the law formulated by the People's Advocate, within the meaning of the point
of view expressed by our institution, and established the recognition of the jobs of the
personnel that carry out their activity in the pathological anatomy and mortuary services of
the hospitals, as well as of the personnel from the university disciplines of anatomy, histology,
pathological anatomy and the department of cell biology as being classified ex-lege in the
category of jobs under special conditions, without having to follow the methodology provided
by secondary normative acts.
► The appeal in the interest of the law having as object the non-unitary interpretation
and application of the provisions of Art. 59 paragraph (2) and Art. 64 paragraph (2) of Law
no. 192/2006 regarding the mediation and organization of the profession of mediator, with
the subsequent amendments and completions, requesting the High Court of Cassation and
Justice to issue a decision to determine whether the court can take note of the mediation
agreement, by which the parties agreed about the dissolution of the marriage and the resolution
of the accessory aspects of the divorce.
The solution of the High Court of Cassation and Justice
By Decision no. 33/2019, the High Court of Cassation and Justice has admitted the
appeal in the interest of the law formulated by the People's Advocate and has decided that the
court cannot take note of the mediation agreement regarding the understanding of the parties
regarding the dissolution of the marriage. Regarding the resolution of the accessory aspects
of the divorce, the court can take note of the mediation agreement having this object.
In this file, the solution delivered by the High Court of Cassation and Justice was in
agreement with the point of view of the People's Advocate and of the Public Ministry.
1.5. Resolution of petitions requesting the referral of the High Court of Cassation
and Justice in order to unify the non-unitary judicial practice
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents