On Saturday, November 23, 2024, the National Union of Bars of Romania issued the following statement:
Following the UNBR’s efforts, the Ministry of Internal Affairs recognizes the right to register vehicles by the forms of practicing the legal profession and by all those who practice liberal professions regulated by law.
Following the steps taken by UNBR, today, November 23, 2024, the Ministry of Internal Affairs communicated to the INSTITUTION OF THE PREFECT – Community Public Service for Driving Licenses and Vehicle Registration Regime, clarifications regarding the application of the notions of art. 9, art. 10 and art. 14 of M.A.I. Order no. 181/2024.
Regarding the problem that arose this week regarding the difficulties in registering cars by the legal profession, UNBR has already initiated all steps towards the Ministry of Internal Affairs – General Directorate of Driving Licenses and Registrations (DGPCÎ) in order to clarify the situation.
In a memorandum addressed to the ministry, UNBR stated that the Order of the Ministry of Internal Affairs No. 181 of October 31, 2024 provides for a condition for provisional registration that is open to criticism and leads to interpretations that are not in accordance with the law. According to it, “The capacity of holder of the registration certificate can only be held by a natural person or a legal person holding a patrimony” (art. 4 paragraph 5).
However, this condition cannot be interpreted as meaning that certain forms of practicing the legal profession do not have their own assets and, consequently, cannot participate, in their own name, in the civil circuit, respectively, they could not separately acquire rights or obligations.
According to art. 5, par. 10 of Law no. 51/1995 on the organization and exercise of the legal profession, “When establishing the forms of exercising the profession and subsequently, lawyers have the right to establish the patrimony assigned to the exercise of the profession, under the conditions of the law, with the procedure regulated for the establishment of the Electronic Register of the evidence of the patrimony assigned to lawyers, under the conditions established by the UNBR Council through the Regulation on organization and operation. The entry made in the register has effects of opposability against third parties, under the conditions provided by the law”.
Also, according to art. 188 of the Civil Code, legal persons are entities provided by law, as well as any other legally established organizations that, although not declared legal persons by law, meet all the conditions provided for in art. 187.
Under these conditions, the refusal to provisionally register cars of law firms, after the entry into force of MIA Order No. 181 of October 31, 2024, adds to the law and contravenes the law, being subject to administrative litigation.
UNBR requests the Ministry of Interior – DGPCÎ to take the necessary measures to clarify these aspects in the territory and respect the right of the forms of exercising the profession to register cars according to the law in force.
