This article provides a practical guide for property owners involved in urban planning disputes concerning planning certificates and building permits in Romania. It explains the legal framework, the difference between explicit and tacit refusals, mandatory preliminary complaints and key case-law trends that strengthen the protection of property rights. ([Cabinet Avocat Măglaș][16])
Category: Uncategorized
The article provides a structured overview of the legal remedies available against decisions requiring beneficiaries to repay aid or subsidies in Romania. It addresses administrative appeals, court actions, limitation periods and compatibility with EU rules, while highlighting practical defence strategies for companies and individuals facing recovery claims. ([Cabinet Avocat Măglaș][14])
This article sets out the main legal tools available to individuals who wish to challenge disability degree assessments or other social benefit decisions in Romania. It covers the administrative complaint phase, subsequent court proceedings, key deadlines and documents, as well as typical errors made by authorities that can be invoked in your favour. ([Cabinet Avocat Măglaș][12])
The article outlines the main ways in which Romanian tax audits can evolve into criminal investigations for tax evasion or related offences. It discusses the evidentiary role of the tax inspection report, typical patterns flagged by ANAF and prosecutors, and how taxpayers and company directors can coordinate their defence in both the fiscal and criminal proceedings. ([Cabinet Avocat Măglaș][10])
This article explains the legal framework governing joint and several liability of directors and shareholders for unpaid company tax debts in Romania. It details the conditions under which ANAF can target individuals, typical scenarios involving alleged bad faith or fraud and the procedural tools available to challenge such measures. ([Cabinet Avocat Măglaș][8])
The article analyses the legal framework for suspending the enforcement of administrative and tax acts in Romanian courts, under both the Administrative Litigation Law and the Fiscal Procedure Code. It explains key notions such as “well-grounded case”, “imminent damage”, the role of security (cautiune) and illustrates how the courts apply these criteria in practice. ([Cabinet Avocat Măglaș][6])
This article provides a step-by-step guide on how to challenge a traffic contravention report in Romania, from filing the complaint to the main evidentiary tools used by the courts. It also discusses common procedural errors, types of speeding or radar cases and how to evaluate whether an appeal is worthwhile. ([Cabinet Avocat Măglaș][4])
The article explains in practical terms how Romanian law distinguishes drug trafficking from possession for personal use, which quantity thresholds matter and what penalties apply. It also outlines legitimate defence strategies depending on the type of drug, the role of the accused and the procedural stage of the case. ([Cabinet Avocat Măglaș][2])
This article compares the offences of abuse of trust and fraudulent management under the Romanian Criminal Code, setting out their legal definitions, common elements and key differences. It uses practical business examples (unrepaid loans, stock mismanagement, money collected for others) and refers to Romanian and European case law to show how breaches of trust can turn into criminal cases and seriously affect long-term commercial relationships. ([Măglaș Avocat București][5])
The article outlines how EU-funded projects in Romania are governed by strict eligibility, procurement, reporting and control rules and how serious deviations can trigger both financial corrections and criminal liability. It maps the roles of OLAF, EPPO and national authorities, explains the legal framework in Law no. 78/2000, the Criminal Code and GEO no. 66/2011, and shows when beneficiaries and consultants can move from mere irregularities into suspected EU-funds fraud. ([Măglaș Avocat București][4])
The article explains in clear terms what embezzlement means under the Romanian Criminal Code, how it differs from theft, abuse of office and fraudulent management, and which assets and roles are typically involved. It details the legal framework (Articles 295, 308 and 309 Criminal Code), practical examples for directors, accountants and cashiers, the range of penalties and long-term consequences, as well as internal prevention measures organisations can take. ([Măglaș Avocat București][1])
The article clarifies that insolvency is not, by itself, a crime, but the way directors and shareholders manage the pre-insolvency period and the procedure can trigger simple or fraudulent bankruptcy. It explains the legal framework under Law no. 85/2014 and the Criminal Code, the duty to file for insolvency in due time, typical patterns that courts treat as fraudulent bankruptcy and the range of criminal sanctions and practical defence arguments available to directors. ([Măglaș Avocat București][4])
This article provides a practical map of the main white-collar offences that typically affect Romanian entrepreneurs, managers and finance directors: tax evasion, money laundering, embezzlement, breach of trust and fraudulent bankruptcy. It points to the key legal sources, explains how these offences appear in day-to-day business practice and offers concrete prevention and compliance measures so that both the company and its decision-makers reduce their criminal risk. ([Măglaș Avocat București][3])
The article explains how Romanian law treats companies, associations and other entities as full criminal law subjects under Title VI of the Criminal Code and why this matters for entrepreneurs and managers. It details the range of possible sanctions for legal entities, from high criminal fines to suspension of activity, public procurement bans and publication of the conviction, and clarifies that these measures usually come in addition to, not instead of, the criminal liability of individual decision-makers. ([Măglaș Avocat București][5])
This article follows a criminal case involving a minor from investigation to the enforcement of educational measures and explains the special rules that differ from those for adults. It sets out the child’s procedural rights under Romanian law and international standards, the safeguards around hearings and detention, and the concrete role that parents or guardians should play to support the minor without undermining his or her evolving autonomy and right to be heard. ([Măglaș Avocat București][3])
This article explains how you can get your driving licence back in Romania after an administrative suspension or a criminal conviction with licence annulment. It walks you through the legal framework, key deadlines and the concrete steps for re-testing or ending a ban, and helps you choose a realistic strategy together with a lawyer so that you minimise time without a licence and avoid new offences. ([Măglaș Avocat București][1])
The article explains that once a criminal judgment becomes final, the findings on the act, guilt and legal classification are closed, but enforcement may still contain errors or exceed what the court ordered. It presents contestation of enforcement as a separate procedure under Articles 598–599 of the Code of Criminal Procedure and Title V on enforcement of criminal judgments, clarifying which incidents can be addressed (e.g. miscalculation of sentence, failure to apply legislative changes, extinction or reduction of punishment) and stressing that it is not an appeal against the conviction itself. ([Măglaș Avocat București][4])
The article targets artists, influencers and entrepreneurs who earn money from IP (copyrights, trademark licences, digital content, franchise) and shows how this income appears on ANAF’s radar when contracts do not reflect economic reality. It summarises the main legal sources on IP, explains how different IP income streams are taxed depending on whether you operate as an individual or company and sets out practical steps to align contracts and documentation so that you are better protected during ANAF audits and potential reclassifications. ([Măglaș Avocat București][2])
This article is written for SME owners and managers running EU or PNRR-funded projects in Romania and explains the difference between an administrative irregularity, a financial correction and a suspicion of fraud. It maps the roles of Managing Authorities, audit bodies, DLAF, OLAF, EPPO and DNA, shows how a technical audit finding can escalate into a criminal case with EU-wide asset freezing, and outlines combined administrative and criminal defence strategies, with references to EU regulations, CJEU/ECtHR case law and related enforcement/confiscation topics on maglas.ro. ([Măglaș Avocat București][5])
The article starts from the recurring defence “I was just a front administrator” and shows why courts and authorities no longer accept it, especially after the 2024 tightening of Law no. 241/2005 on tax evasion. It details how the Tax Procedure Code and Insolvency Law allow ANAF and courts to go after nominal directors personally for tax debts and company liabilities, and explains in plain language what being a straw man actually means, how prosecutors assess your role and what you can still do if you are already in this position. ([Măglaș Avocat București][3])
Articolul explică riscul „invizibil” de a fi scos sistematic din procedurile de achiziții publice pe baza condamnărilor penale, neregulilor fiscale, documentelor constatatoare negative sau conflictelor de interese. Sunt prezentate originile mecanismului de self-cleaning în Directivele 2014/24/UE și 2014/25/UE și transpunerea în Legea nr. 98/2016 și Legea nr. 99/2016, precum și ce pachet concret de măsuri (despăgubiri, cooperare, compliance intern) poți prezenta pentru a-ți demonstra din nou credibilitatea în fața autorităților contractante. ([Măglaș Avocat București][1])
This article speaks to owners affected by ring roads, metro lines and other infrastructure projects and explains how expropriation for public utility actually works in Bucharest and other major cities. It clarifies the role of planning documents (PUG, PUZ, PUD), the legal framework on “just compensation” and which expropriation decisions and compensation amounts can realistically be challenged before Romanian courts. ([Măglaș Avocat București][4])
The article targets professional creators whose income depends on their channels and describes typical incidents: account bans, hacked channels, mass demonetisation and systematic content theft. It shows how to distinguish a mere support/security issue from real legal problems, summarises YouTube/TikTok terms and EU/RO copyright rules, and offers a concrete strategy with a lawyer for recovering access, proving ownership and claiming damages. ([Măglaș Avocat București][2])
This article addresses homeowners, small developers and entrepreneurs who receive a demolition order or a stop-work order from Romanian authorities. It explains the legal bases, the difference between fines and demolition, the strict deadlines for prior complaints and court actions, how to ask the court to suspend demolition under Law no. 554/2004 and how to realistically assess, together with a lawyer, your chances of keeping the building or at least limiting the damage. ([Măglaș Avocat București][5])
This article is aimed at high-net-worth individuals, entrepreneurs and freelancers who receive a compliance notice or notice of verification regarding their personal tax situation from ANAF. It explains how risk analysis works, what these letters actually mean, how to organise documents and communication together with an avocat and tax adviser, and how a structured reaction can prevent both a massive additional tax assessment and criminal charges for tax evasion or money laundering. ([Măglaș Avocat București][3])
This article explains in practical terms what judicial control is under Romanian criminal procedure, who can order it and how long it can last for entrepreneurs and professionals. It details the typical obligations (travel bans, professional restrictions, contact bans), how they affect your business activity, how to work with a lawyer to request revocation or modification of the measure and what real risk you run of house arrest or pre-trial detention if you breach them in bad faith. ([Măglaș Avocat București][1])
This article explains how a tax audit can turn into a criminal investigation and what it means to be formally notified as a suspect. It sets out the immediate actions you should take, from choosing a defence lawyer and reviewing the file to preparing for hearings and building your strategy.
The article explains the link between succession and tax debts, the limits of heirs’ liability and their options to accept or renounce the inheritance. It also covers how ANAF can pursue inherited assets and when it is essential to consult a lawyer to contest enforcement acts and protect your share of the estate.
This article outlines the rules on suspending public servants during criminal investigations or trials and the impact on their salary and benefits. It examines the interplay between disciplinary and criminal liability and explains in which scenarios the employee can be reinstated or seek compensation after an acquittal or dismissal of charges.
The article compares criminal and tax enforcement seizure regimes, showing when they overlap and how this affects your business and personal assets. It presents available remedies, coordination between criminal defence and tax lawyers and practical solutions to restore liquidity and protect key assets.