Interior regulation of the courts of Romania Section 7 Provisions regarding the activity of the ancillary departments of the courts of law

§ 2. Records office

Art. 48. - The President of the court assigns the staff in the section and ancillary departments, according to their professional training and seniority.

Art. 49. - The President of the Appeal Court appoints, by a decision, the managing IT specialists, the prime court clerks, the chief-section clerks and the archive clerks of the Appeal Court and of the courts within their area, under the law. The prime court clerk, the chief clerk and the section clerks do not usually participate in the judgment session.

Art. 50. - (1) The prime clerks of the Appeal Courts, Country Courts, and specialized Country Courts have the following duties:

a) coordinate and control the activity of the specialized ancillary staff and of the related staff, in the court in which they operate, as well as in the courts within their area, in person or by managing the appointed clerks;

b) draft the job descriptions for the specialized ancillary staff and for the related staff;

c) coordinate and follow the harmonisation of the statistical records, in collaboration with the specialized departments within the Superior Council of Magistracy;

d) record and manage the data and documents that are not designated for publication and verify the manner of ensuring the security of the works;

e) draft and countersign the administrative court correspondence;

f) keep the special records provided by the law for the court for which they operate;

g) keep the control record of the court and take measures to keep the control record in each court section and in the courts, within its jurisdiction;

h) fulfil the measures established to ensure the security of the court headquarters, the security of goods, fire protection and labour protection;

i) identify the manner in which the rules of public accessing are observed within the court;

j) draft the report of the irregularities established in the activity of the ancillary specialized and related staff, notify the president of the court for the purpose of taking the appropriate measures;

k) follow the observance of the conduct rules by the specialized ancillary and related staff, within the relations with the attorneys and the public,

l) assist and verify the library records and management;

m) keep record of the leaves and draft the monthly statements with the daily presence of the appeal court staff, country court, or specialized country court, as the case may be, and send it to the Accounting and Finance department.

n) organize and supervise the activity of the electronic archiving of the case files, according to the available resources.

(2) the prime clerks of the appeal courts shall keep records regarding the activity of the research commission of the wealth constituted at court level and the record of bailiffs.

(3) The prime-clerks of the country courts shall keep the records regarding the legal persons, the record of the sworn translators and interpreters.

(4) The prime-clerk of the Bucharest court shall keep the ledgers regarding the political parties and other political information.

(5) The prime clerk shall fulfil any other job duties assigned by the President of the court, according to the law.

(6) In the case of the courts with high activity, certain duties of the prime clerk may be assigned to another clerk, by the decision of the President of the court.

(7) In the absence of a prime clerk of the appeal court, the county court or the specialized country court, one of the chief section clerks or, as the case may be, a court clerk, appointed by the President of the court, shall fulfil all of his/her obligations.

Art. 51. - (1) The chief section clerk has the following duties:

a) supervise and check the works drafted by the section ancillary staff; 23.

b) supervise, perform the monthly checks and assist the activity of the section clerks, in regards to the communication of the term provided by the law, of the minutes and the decisions and communicate the claims and the procedural acts, provided by the law;

c) supervise the access to the electronic databases held by the administrative bodies of the courts that have such sections;

d) assist the person assigned in the random distribution of the cases;

e) keep record of the rendered decisions regarding the rejection and abstention;

f) make proposals e to the section president over the distribution of the clerks in the judgment sessions;

g) organize and follow-up the timely typing of the decision drafted by the judges of the section, keep the records of the decision of the section and keep the decision folder;

h) check the section files before sending them to other judicial bodies, observing the provisions of the regulations;

i) participate, according to the scheduling, in the judgment sessions, as an instance clerk;

j) follow the manner of drafting and communication of the procedural acts provided, for the purposes of publishing in the BPI and the transmission of these procedural acts on a paper and electronic format, by the Trade Registrar, for the purposes of publishing them in the National Bankruptcy Register, as well as the performance of the other communications and notification within the legal term;

k) keep the record and managing the securities and the objects that serve as evidence in the cases on the section docket;

l) check and sign the legalized copies and the certificates, for conformity purposes;

m) certify, in the cases provided by the law, the copies of the section cases, including in the insolvency matters;

n) keep the records regarding the preventive arrest and the other records in the criminal matter, except the ones assigned to the clerk appointed to the criminal enforcement tasks;

o) keep the special record regarding the practices of the judicial review courts, that record all the files received from the means of appeal.

p) supervise and check the manner or filling and keeping the section records;

q) check and supervise the judgment session recording by the audio and video equipment, under the provisions of the law;

r) coordinate and supervise the activity of the appointed clerks and the records kept thereby;

s) draw up the monthly statements, containing the daily presence of the ancillary section staff, sending them to the specialized department, and take care of the procurement of the necessary materials for the section;

ş) check the proper keeping of the case files and of the tasks of criminal and civil decisions enforcement. 24

(2) The chief court clerk shall fulfil, within the limitation of his/her job position, other work duties given by the section President or by the court President or vice-president, in compliance with the law.

(3) In the case of a section with a high working volume, some duties of the chief section clerk may be assigned to a different clerk, based on the decision of the President of the court.

Art. 52. - (1) The chief clerk of the court shall appropriately exercise the duties provided by Art. 50, para. (1), let. a) - k), m) and n).

(2) In the case of courts with no sections, the chief clerk of the court shall exercise the duties provided by Art. 51, para. (1).

(3) The chief clerk of the court shall also fulfil the following duties:

a) keep a record and administrate the goods of the court;

b) ensure the proper performance of the procurement and management of the materials required for the court;

c) takes care of the administrative case files and the court library;

d) keep record of the protected persons;

e) check or, as the case may be, draw up statistical records;

(4) The provisions of Art. 50, para. (5) - (7) shall appropriately apply.

Art. 53. - (1) The court clerk who participates in the judgment session has the following duties:

a) participate in the judgment session, fulfilling the duties provided by the law and this regulation, under the coordination and control of the President of the panel;

b) draft the summons and the procedural acts ordered by the panel;

c) fill in the file index and hand it over the correspondence for delivery;

d) summon and acknowledge the parties and communicate the documents by phone, telegraph, fax or e-mail, or by the other means provided by the law and draft the report regarding the acknowledging and communication manner and the case subject, which shall be attached to the file;

e) fill in the judgment session log, in which the files of the respective meeting are being recorded, in the order written by the list of cases, with the following information: number, the names of the parties, case number and the case subject, the term granted, indicating the reason for postponing the case, and, in the case of decided postponing, the date shall also be indicated;

f) fill in in all the fields in the ECRIS system.

g) communicate the minutes and the decision, within the term provided by the law;

h) draft the works distributed by the court management and the decisions, and, upon the request of the members of the panel and under their guidance, the decision drafts, based on the model given by them; the final decisions shall contain, the initials of the editor, typist, the date of the typing and the number of copies; and in the case of the judicial review courts, the members of the panel that provided a decision pending judicial review.

i) transmit to the National Institute of Magistracy and to the Governmental Agent for the Court of Justice of the European Union, the certified true copies, in Word format of the conclusion of the notification ruling of the Court of Justice of the European Union, with the preliminary questions of the decision rendered by the national courts in these cases, including the means of appeal, as well and the conclusion by which the writ of summons addressed to the Court of Justice of the European Union was rejected.

(2) The president of the court may establish that some of the duties provided by para. (1) shall be exercised by the clerks who do not participate in the judgment session. Such duties include the typing, upon the request of the members of the panel and under their guidance, of the decision drafts, based on the model provided thereby.

(3) The court clerk who participates in the judgment session shall fulfil any other job duties assigned by the President of the court, president of the section or by the President of the panel.

(4) The entry-level court clerk shall participate in the judgment sessions after acquiring the proper knowledge for the fulfilment of these activities.

Art. 54. - (1) The clerk who participates in the judgment session, established for the panel that was randomly assigned a file, shall draw up according to the orders given by the panel, all the communications provided by the law before the establishment of the first trial term, fill in the file indexes, if there is no person assigned with duties regarding the expedition of the procedural acts, and shall hand over the correspondence for delivery, shall draft the conclusions and all the procedural acts, provided by the law.

(2) The clerk provided for by para. (1) shall highlight the communication proof and the date of the communications receipt in the ECRIS applications and present them to the panel, along with the case file.

(3) The clerk provided for by Art. (1) shall follow the terms provided by the law for amending or completing the summons, for the submission of the statement of defense, for the submission and for the answer to the statement of defence, and inform the panel regarding the terms deadlines.

(4) The summoning procedure, the drafting of conclusions or other documents carried out in the procedure provided by Art. 200, para. (7) and (8) of the Civil Procedure Code, shall be carried out by the clerk provided by para. (1), established for the panel where the re-examination application was randomly distributed.

(5) The clerk provided for by para. (1) shall take the files from the archive and keep them during the required period for the execution of the procedural acts and case study the judgment panel.

(6) The provisions of para. (1)-(4) shall also appropriately apply for the preliminary chamber procedure and in the cases regarding the complaints against the decisions of non-investigation or summoning. In the event of the restitution of the communications provided by para. (1), these shall be considered legally fulfilled after a 7 days deadline for keeping in the court headquarters.

§ 3. Appointed clerks 26

Art. 55. - (1) The court clerks provided for by 56-63 shall be appointed by the president of the court and fulfill the duties provided by this regulation, as well the ones established by the president of the court or by the president of the section, and perform the activities ordered by the appointed judge of the same department.

(2) The appointed clerks shall keep the records and perform the recording, registering, communications and any other activities to ensure the publication, in the situations provided by the law.

(3) The appointed clerks shall handle the correspondence of the department they are part of and shall be responsible for the delivery, carrying out the appropriate recordings in the registries, ensuring the proper keeping and archiving of all files and registries.

(4) The court clerks provided by para. (1) may be totally or partially relieved of participation in the judgment sessions.

Art. 56. - The court clerk appointed to the criminal prosecution department shall exercise the duties provided by Art. 133-135 and Art. 148-157.

Art. 57. - The court clerk appointed for the performance of the civil enforcement has the following duties:

a) draft and deliver the warrant of execution of the civil sanction regarding community service, observing the legal provisions.

b) communicate to the financial bodies and to the police the measures decided by the rulings;

c) keep the register regarding the public judicial aid, the register of civil decision enforcement and the register of civil sanction enforcement.

d) draft the documents ordered by the appointed judge in civil enforcement;

e) perform the tasks for which the enforcement of the decisions shall be carried out ex officio and record these.

Art. 58. - The court clerk appointed for the enforcement in the administrative and tax matters shall have the following duties, regarding the sanctions for the non-fulfillment of the ruling:

a) keep the record and be responsible for enforcement of the final civil decisions;

b) verify and keep the record of the cases where the decisions remained final following the non-recourse, as well as after their restitution from the judicial review court, following the settlement of the declared manner of appeal;

c) request from the archive department communication of proof of decision;

d) fill in the corresponding records in the register of final civil decisions enforcement;

e) ensure the proper keeping of the case files which require the recording in the record of civil decisions enforcement;

f) receive and present to the President of the panel who solved the case, the applications of the creditors who requested the establishment of the final amount 27, which shall be owed to the state as penalties, for the fixing of the trial term;

g) draft and send following the expiration of the term provided by Art. 24, para. (4) of the Administrative and Tax Law no. 554/2004, further amended and completed, the request addresses of the relations of the corresponding public authority, regarding the fulfillment of the obligations contained in the writ of execution;

h) in case that the obligation was not fully executed, in compliance with Art. 24, para. (5) of Law no. 554/2004, with the subsequent amends and completions, after receiving the communication address of the relations on behalf of the public authorities, present these files to the President of the panel, who solved the case, for the establishment of the hearing.

Art. 59. - (1) The clerk assigned for the recording of the legal persons shall have the following duties:

a) recording the requests for granting legal entity status to associations, foundations, syndicates and other non-profit legal entities of private law, for the purpose of amending the articles of association and other requests regarding the acts or facts subject to recording in special registries of legal persons, if it was not otherwise established by the decision of the managing board.

b) performing the recording in the registries provided in the special laws of legal entities in final decision date or, as the case may be, irrevocable, of a decision of admission of the request for grating legal entity;

c) operating the mentions regarding the amendment of the article of association, statute, liquidation of the legal person;

d) issuing, upon the request of the representative of the legal entity, the certification of registry, that will contain the name of the legal person, headquarters, the operating duration and the date of recording in the special register and other certifications, under the law;

e) ensuring the publication of the liquidation of the associations or foundations, by displaying on the court door and the performance of the publication formalities, in the cases provided by the law;

f) communicating the copies of the decisions regarding the setting up, amending and the winding-up of any association, foundation or federation, as well as on the supporting writings, within 3 days as of the date of the court's final decision.

g) communicating to the local tax body within the jurisdiction of the legal entity's headquarters, the conclusion by which the recording of the legal entity was decided, mentioning the number in the association and in the foundation registrar.

(2) The court clerk appointed for the registration and the recording of the legal entities shall communicate the copies of the Court's decision regarding the constitution, amendment and liquidation of federations, confederations and their territorial syndic unions to the Law Court of Bucharest, as well as the copies of the writings regarding the name and the headquarters of the syndic organization constituted by the association, the name of the members of the managing body 28,

their personal identification number, within 3 days as of the date of the final decision date, or, as the case may be, irrevocable of the decision.

(3) For the purpose of recording, the judicial inspection communicates, on the same day, the minutes of meeting rendered by the court clerk assigned for the recording of the legal persons of the court of the first instance.

(4) Within the courts, the court clerk appointed with the duties regarding the federations, confederation properly shall fulfil, the duties provided by Art. (1), let. a)-d) and f).

Art. 60. - The clerk appointed to the department with duties regarding the lodgers associations carry out the communications of the conclusions by the claimers and the Public Ministry, if required, following that the conclusions rendered remain final, and which hands over the second copy of the documents submitted by the applications and a copy of the final conclusions to the tax body, if by the decision of the managing council it wasn't decided otherwise.

Art. 61. - (1) The statistical clerk has the following duties:

a) to perform the daily judicial statistical entries, periodically drafting the statistical reports, filling and keeping the defendant records.

b) to operate the implementation of judicial statistics;

c) the statistical clerk of the court shall check and assist the staff of the specialized country courts and the judges who register and centralize statistical data;

d) to perform the judicial statistical works ordered by the Superior Council of Magistracy, submitting them at the established dates, as well as any other statistical statements requested by the Superior Council of Magistracy, the presidents of the courts, as well as the Ministry of Justice;

e) to keep the statistical records and the defendant records, annually filed in special files and to store them according to the legal provisions regarding the terms of document storage;

f) to collaborate with the statistical county commissions for the purposes of drafting and handing over the statistical bulletins, as well as in regards to other specific activities.

(2) In the case of the courts with no statistical clerks, their duties shall be carried out by the clerk assigned by the President of the court.

(3) The activity carried out by the statistical clerks and by the court staff who execute judicial statistic works is coordinated by the prime clerk, respectively by the instance court clerk.

Art. 62. - The documenting clerk or the clerk appointed to fulfill documenting duties, is in charge of the following:

a) to keep the record of the law, case law and doctrine;

b) to periodically provide information regarding the book demand or of other publications;

c) to keep records and manage the library;

d) to draw up, upon the request of the instance management, the works regarding the law amendments;

e) to inform the judges of the instances that they operate regarding the new normative acts and the case law published in the Official Gazette of Romania, Part I; 29

f) to identify the relevant decisions resolved in their own instance and in other instances, regarding a law issue indicated by the judges of their own court, and to propose the relevant decisions of the court in which they operate, that may be sent to other courts, upon their request;

g) to identify the relevant judicial doctrine, printed or in electronic format, regarding a question of law indicated by the judges of their own court;

h) to carry out the activities established in their duty in the procedure of unification of the judicial practice, approved by the Judge Section of the Superior Council of Magistracy, as well as the ones ordered by the section presents or by the vice-president of the court, for the same purpose.

Art. 63. - (1) The archive clerk and the listing officer have the following duties:

a) to receive, record and distribute the writ of summons, the files of the other courts and the other relevant correspondence to the sections and to the other departments;

b) to send the resolved case files and the correspondence;

c) to take and record the files entered, keep record thereof and their circulation, register the stamp duty submitted upon the registration of any claim, accompanied by the proof of paying a stamp duty;

d) to draw up the statements for the summoning of the parties in the trials, draft the summons for the first term and follow their expedition;

e) to make the files available to the public and keep track of the people who receive the case files for study;

f) to prepare the files for the judgment sessions and ensure their circulations within the court, as well as their delivery to the courts;

g) to inform the parties or their representatives, in compliance with the law, regarding the data requested from the files that they are directly interested in;

h) to forward the case files to the superior courts, in the cases where the manners of appeal are within their competence. By the decision of the President of the court, the forwarding of the files to the superior courts, in the criminal matter, may be carried out by the Prosecutor's office;

i) upon the receipt of the case files from other courts or institutions, to verify the attached case files, by confronting it with the restitution address of case file, as well as the address of submission In case of finding missing documents upon the receipt of the case files, they shall immediately draw up a report to the president of the section or the president of the court, as the case may be, as well as, the issuing institution, by a notice.

j) to ensure the proper keeping of the case files and registers.

k) to keep the resolved case files, the decision file and the session logs, ordered by year.

l) to participate in the archiving activity annually and to draft the list of files stored in the court archive;

m) to participate in the case file selection annually, at the expiration of the storage term; 30

n) to conduct the electronic archiving of the case files, to the possible extent, under the coordination of the vice-president of the court;

o) to take the communication proof received by the court, to attach them to the file and immediately hands them over to the instance clerks, along with the case file;

p) to keep the case files separately in the archive and periodically check the suspended cases, refer to the date of verification and findings in the Record of suspended cases or, as the case may be, forward the case file to the judge for decision;

q) to fill in, according to their duties, all the fields of the ECRIS software;

(2) The archive clerk and the listing officer shall fulfil any other duties established by the President of the court.