87
During the analyzed period, a number of 44 petitions were solved, in which the
petitioners requested the referral of the High Court of Cassation and Justice.
The resolution of the petitions requesting the referral of the High Court of Cassation and
Justice implies: (i) identifying the legal provisions whose interpretation and application
determined the non-judicial judicial practice; (ii) identifying the same legal problem that
received a different solution; (iii) referral of the 15 courts of appeal.
Of the 44 petitions:
a) in 6 files were formulated requests to the courts of appeal from the whole country, in
order to communicate the court decisions regarding the non-judicial judicial practice;
b) in 4 files, since the non-judicial judicial practice was not found at the level of the whole
country, but only at the level of a single court of appeal, the respective courts of appeal were
asked to unify the non-judicial judicial practice through the monthly meetings of the judges,
in which to discuss the legal problems that led to the pronouncement of different
solutions or legal problems of great novelty, which could generate non-unitary practice.
Section 2 The activity the Bureau for administrative and legal litigation
For the reference period, the activity of this bureau can be summarized as
follows:
2.1. Formulating 6 administrative litigation actions
a) Timiș Tribunal - File no. 3753/30/2019, with a court date on December 3, 2019 annulment of the Decision regarding the rejection of the request for administrative change of
the name of the petitioner, the acknowledgment of the unjustified refusal to solve the request
of administrative change of the name, and consequently, the issuance a new order for
administrative change of the applicant's name;
b) Vrancea Tribunal - File no. 1716/91/2019 - the partial annulment of a decision
regarding the establishment of local taxes and fees at the level of the Suraia Commune for the
year 2018, approved by the Local Council of the Suraia Commune regarding the
establishment of the local taxes and fees for the year 2018 provided for in Art. 1 paragraph
(1) letter a) with reference to Annex no. 1, point 13 "Special taxes" by which the special
sanitation tax was established and levied, and consequently the acknowledgment that it is
illegal to establish and collect the debit, representing a sanitation tax;
c) Mehedinți Tribunal - File no. 4496/101/2019 - Partial annulment of the Decision
of the Local Council of Sisești, Mehedinți county regarding the modification, starting with the
fiscal year 2019, of the level of local taxes and fees, by indexing with the inflation rate in
percentage of 5%, in the sense of exemption from payment of the special fee for security and
garbage, established by the Annex no. 1, for unoccupied buildings;
d) Gorj Tribunal - Partial annulment of two decisions issued by the Stănești Local
Council, Gorj county, having as object the establishment of local taxes and fees, as well as the
suspension of the legal effects of these administrative acts;
e) Brasov Tribunal - Oblige the Brasov County Council and of the "Petru Rareș" High
School in Feldioara to allocate, calculate and pay the amounts due to a minor student,
consisting of daily food allowance, school supplies, bedding, clothing and footwear and of the
amounts for personal needs for students with special educational requirements in the preuniversity mass education, established by Law no. 1/2011 of the national education.
f) Ilfov Tribunal - Action in administrative litigation regarding the registrations of
immovable property in the fiscal records of some territorial administrative units.
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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