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SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -

SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -. Romanian tools for providing information on access to justice in light of article 9, paragraphs 4 and 5, of the Convention. With respect to article 9, paragraph 4 of the Aarhus Convention measures taken to ensure that:

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SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA -

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  1. SEVENTH MEETING OF THE TASK FORCE ON ACCES TO JUSTICE - GENEVA - Ministry of Environment and Climate Change - ROMANIA

  2. Romanian tools for providing information on access to justice in light of article 9, paragraphs 4 and 5, of the Convention. Ministry of Environment and Climate Change - ROMANIA

  3. With respect to article 9,paragraph 4 of the Aarhus Convention measures taken to ensure that: The procedures referred to in paragraphs 1, 2 and 3 provide adequate and effective remedies; The court must decide on the compensations for material and moral damages incurred; Such procedures otherwise meet the requirements of this paragraph. According to the Civil Procedure Code, all court decisions shall be given in written format and contain the de facto and de jure reasons. Ministry of Environment and Climate Change - ROMANIA

  4. With respect to paragraph 5, measures taken to ensure that information is provided to the public on access to administrative and judicial review. According to the Civil Procedure Code, legal procedures in Romania are public and any person may be present in the court room.Recently, the Superior Council of Magistracy has decided that all public interest decisions shall be made available on the internet, on the websites of the courts. Ministry of Environment and Climate Change - ROMANIA

  5. Although the databases of the Ministry of Justice contain statistical data regarding free of charge legal assistance/public legal aid, depending on the type of court and the state of the procedural stage, by category of action and objects for the period 01.01.2011 - 01.05.2013, the legal situations related to environmental law whose protection was requested in the front of the court of law could not be separately and explicitly individualized. Ministry of Environment and Climate Change - ROMANIA

  6. At the local environmental protection agencies, during 2011-2013, were submitted 113 preliminary complaints in regard to the regulatory document issuance procedures (environmental decision-making).Of these: • 38 complaints were solved in court; • 26 complaints are still on the court dockets; • 49 were solved by the institution. Ministry of Environment and Climate Change - ROMANIA

  7. Website addresses relevant to the implementation of article 9: http://www. just.roc CSM reports on the State of Justice for the past years: http://www.csm1909. ro/csm/index. php?cmd=24 www.mmediu.ro www.anpm.ro Ministry of Environment and Climate Change - ROMANIA

  8. So, decision of courts, and whenever possible of other review bodies, held in electronic form are available and can be accessed on the Romanian website of Ministry of Justice -portal courts: http://portal.just.ro/SitePages/acasa.aspx Ministry of Environment and Climate Change - ROMANIA

  9. The public shall have access to the preliminary administrative procedure free of charge, and the deadline for resolution shall be 30 days. Equally the Article.451 para.(1) of the new Civil Procedure Code defines judicial expenses as follows:“Judicial expenses include stamp duties and judicial stamp duties, barrister, expert and specialist fees, (...), amounts payable to the witnesses for travel and loss caused by their presence in court, travel expenses and accommodation expenses, as applicable, as well as any expenses required for the good conduct of the trial”. Moreover, under Article 451 para.(2) and (3) “the court may, even ex officio, reduce, on sound grounds, the legal expenses representing the barrister, expert and specialist fees if they are blatantly disproportionate with the value or complexity of the case or the activity they provide, also considering the circumstances of the case.” Ministry of Environment and Climate Change - ROMANIA

  10. Articles 90-91 of the Civil Procedure Code contain legal provisions on Legal assistance, as follows: Article 90 - Conditions for granting Article 91 - Special Provisions Ministry of Environment and Climate Change - ROMANIA

  11. For 2011-2013, the report of the Supreme Council of Magistracy on the state of justice states that: based on the data submitted by the courts, in 2011, 16.795 legal aid applications were submitted, and 11.030 were accepted. Also, additional information on the data communicated by the courts in regard to public legal aid applications may be consulted in the CSM reports on the State of Justice for the past years. Ministry of Environment and Climate Change - ROMANIA

  12. THE END Thank you Ministry of Environment and Climate Change - ROMANIA

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