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revision of the feasibility study, of the modification or finalization of the technical execution
project or of the execution details (the decision of restitution has the effect of obliging the
former owners to take back their expropriated property, or paying the damages, if the owners
accepted the amount of damages).
*The legal effects produced during the year 2019 as a result of resolving the
exceptions raised ex officio in previous years
Following the direct exception raised by the People's Advocate, it is currently
recognized the right of military personnel in activity, police officers and civil servants
with special status to obtain the leave for the care of the disabled child up to 18 years old
under the same conditions as the other employees.
Thus, the Constitutional Court, by Decision no. 323/2019 admitted the exception
of unconstitutionality raised directly by the People's Advocate and found that Art. 15
paragraph (2) of Law no. 80/1995 on the status of military personnel and the phrase "except"
in Art. 61 of the Government Emergency Ordinance no. 158/2005 regarding the holidays and
the social insurance benefits are unconstitutional.
Therefore, between July 19, 2019 – September 1, 2019, the provisions of Art. 15
paragraph (2) of Law no. 80/1995 were suspended by law, ceasing their legal effects starting
with September 2, 2019, as the legislator did not intervene to modify the contested
provisions.
1.2 Formulation of points of view at the request of the Constitutional Court
During the reference period, following the constitutionality analysis on the normative
acts invoked by comparing to the allegedly violated constitutional texts, a number of 189
points of view were sent to the Constitutional Court.
In a number of 45 files, points of view were expressed in the sense of the
unconstitutionality of the analyzed normative act or were formulated points of view subject
to interpretation. In the case of the other 144 requests, the expressed point of view was in the
sense of constitutionality.
1.3. Resolution of petitions requesting the referral of the Constitutional Court
In 2019, were resolved a number of 960 petitions requesting the referral of the
Constitutional Court regarding certain normative acts considered by the petitioners as
unconstitutional.
The resolution of the petitions addressed to the Bureau for constitutional litigation and
appeal in the interest of the law requesting the referral of the Constitutional Court implies the
carrying out of the constitutionality analysis of the normative acts invoked by the petitioners,
by reference to the allegedly violated constitutional texts, as they were developed in the case
law of the Constitutional Court, of the European Court of Human Rights, of the High Court
of Cassation and Justice and in the doctrine.
Following the constitutionality analysis, the petitioners who requested the support of
the People's Advocate receive a detailed answer containing the arguments on which is based
the decision of the People's Advocate to refer or not matter to the Constitutional Court.
1.4. Notification of the High Court of Cassation and Justice with appeal in the
interest of the law
In 2019, the High Court of Cassation and Justice has admitted three applications
for appeal in the interest of the law formulated by the People's Advocate, as follows:
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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