November 2024

Access to justice and the improvement of the judicial process are constant concerns for the entire legal community—authorities and practitioners. To facilitate litigants’ access to the courts and clarify the procedures related to the payment of stamp duty fees, the legislator recently adopted Law 268/2024, amending and supplementing the Government Emergency Ordinance no. 80/2013 on judicial stamp fees (“GEO 80/2013“).

The legislative amendments specifically aim to optimize the judicial process by recognizing the use of modern payment mechanisms, creating a legal framework for the refund of stamp duties in the context of alternative means of dispute resolution, reducing the value of the stamp duty for judicial partition and equalizing stamp duties in divorce matters.

Through these amendments, the Ministry of Justice aims to reduce the deadlines for resolving disputes, speed up the procedures for enforcing court decisions, and guarantee effective access to justice.

Essentially, the main changes brought by Law 268/2024 concern:

1) Proof of payment of stamp duty by bank transfer or electronic means

2) New cases of refund of stamp duties;

3) Tax reduction in partition disputes;

4) Equalization of fees in divorce cases.

Expected impact of these legislative changes

In our opinion, these legislative changes respond to the concrete needs of litigants, removing unnecessary administrative obstacles and supporting the transition of the public justice system towards digitalization. The amendments also encourage alternative dispute resolution methods by offering the possibility of stamp duty refunds in the event of a settlement or acknowledgement, and by establishing lower fees for cases such as divorce by mutual agreement. Finally, the amendments brought to GEO 80/2013 might ensure a better allocation of resources and a framework that allows citizens unhindered and effective access to justice.

Iulia Dobre prepared an overview of this topic, which is available (in Romanian) HERE.

To raise awareness of issues impacting both strategic and operational aspects and help companies understand the relevant concepts derived from the legislation’s application, BACIU PARTNERS professionals constantly contribute expert views to reputable publications.