Jurisprudential benchmarks regarding the notification of the court in the control of the estate field

DEZBATERI

Abstract

The case-law was called in the legally regulated brief field of the control of the estate, to determine the benchmarks in relation to which the statements of claim lodged in the matter are examined, from the perspective of the lawful notification of the court. Therefore, it was established that the assessment report by which the Estate Investigation 
Committee is notified cannot be challenged distinctly from the verified person, and the nolle prosequi of the case, the order of suspending control and the referral of the case to the relevant prosecutor’s office may be subject to such a legal action, as well as the act of suspension of investigation of carried out by the Estate Investigation Committee until the settlement of a criminal casefile, the court being competent to examine these actions being the court of appeal. 
As regards the problem of procedural legitimacy, judicial practice focused on the recognition of the capacity of parties, in the relationship of litigious administrative law brought before the court, to the National Integrity Agency, to the estate investigation committee, as an investigating administrative body, and to the person whose estate represented the subject-matter of the subsequent control and investigations. Last, but not least, from the perspective of procedural impediments aiming at the  notification of the court, the case-law established that all legal requirements provided for by Law no. 554/2004 must be met, including those aiming at filing a prior claim within the legal deadline and the observance of the legal deadline of the notification of the court, establishing, at the same time, that all pleadings in this matter are exempted from a legal stamp duty. 

Keywords: estate control; assessment report; estate investigation committee