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| Romanian Justice and the New Civil Code |
| (2011-09-29) |
| Last updated: 2011-09-30 13:11 EET |
The new Romanian Civil Code, which comes into effect on 1 October, brings changes to both business and private life. Obviously, in and by itself it cannot solve problems in the justice system, problems which the authorities admit exist.
The 2011- 2012 legal year opens in Romania on October 1 with a new and improved Civil Code. It comes into effect after a debate on its impact on the business world. HE the British Ambassador to Bucharest Martin Harris attended the debates, and said that the new code is beneficial for foreign investors, especially since the present judicial system is uncertain and unpredictable.
Justice Minister Catalin Predoiu himself dwelled on the vulnerabilities in the justice system. In his opinion, justice is plagued by corruption, lack of consistency in professional training, but also logistical problems for courts and prosecutors. Predoiu said that the biggest challenge facing the system is having unanimous support for the reform program.
This statement hinted at persistent disagreements between the ministry and the Higher Council of Magistrates regarding the way in which the reform should proceed. Prime Minister Emil Boc was also critical of magistrates. According to him, judges are politically independent, but said that this does not mean that they can act independent of the law.
Here is one of his statements: “The independence of judges is not above the law. A judge is not and cannot be independent of the law. Unfortunately, some cases like this have appeared in the Romanian system, cases in which the law became optional for some judges”.
The new civil code also brings changes to private life. For instance, spouses have to contribute to home expenses proportionally to their means, unless otherwise stipulated in a pre-nuptial agreement. Failure to fulfill these obligations constitutes grounds for divorce, and brings with it the right to substantial damages. At the same time, engagement to be married will be a state recognized institution, and breaking it without serious reasons may bring with it financial penalties.
In case of divorce, underage children are by default in joint custody. The parents both have the right to decide on education and extra-curricular activities. The new civil code also provides that the parent who leaves the home without a serious reason forfeits custody of the children. Some other novelties introduced by the code are fast track divorces if no children are involved, as well as recognizing in vitro procreation.
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