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Different Interpretations Given by Case Law on the Procedural Exceptions that can be Raised in the Procedure before the Wealth Investigation Committee

Sandra Gradinaru
Last modified: 2022-02-24


The legal framework of the procedure before the Wealth Research Committee is regulated by Chapter II, respectively the provisions of article no. 10-15 and Chapter V Final provisions of Law no. 115/1996, for the declaration and control of the property of dignitaries, magistrates, of persons with management and control functions and of civil servants, published in the Official Gazette Part I no. 263 of 28 October 1996.

In Chapter V, article no. 31 of Law no. 115/1996 it is expressly provided that the provisions of this Law are supplemented with the provisions of the Code of Civil Procedure and with those regarding the execution of budgetary receivables.

Thus, in the procedure carried out before the Commission of Inquiry, the provisions of the Code of Civil Procedure are applicable.

This conclusion was not unanimously adopted by the national courts and there were contrary opinions in the sense that the provisions of the Code of Civil Procedure would be selectively applied, as the procedure before the Wealth Investigation Committee is not a jurisdictional one, but  an administrative one.

In the present paper we will demonstrate that procedural exceptions specific to a jurisdictional procedure can be raised before the Wealth Investigation Committee, otherwise the imperative provisions of law 115/1996 are infringed.

We consider that it is within the competence of the Wealth Investigation Committee to resolve procedural exceptions such as the prescription of the right of the National Integrity Agency to issue the Assessment Report of the investigated person and of the Integrity Agency`s right to notify the Wealth Investigation Committee, the nullity of the documents obtained without informing and summoning the investigated person, the investigation of the legality of the random distribution of the integrity inspectors who drafted the Evaluation Report, as well as the procedural incidents regarding the incompatibility of the members of the Wealth Investigation Committee.