photo source: STOICA & ASSOCIATIONS
STOICA & ASSOCIATES successfully represented the Financial Supervisory Authority (“ASF”) in a case settled at first instance by the Bucharest Court of Appeal, in which the ASF Union, together with a number of employees of the authority, requested the suspension of the execution of the ASF Council's decision, through which the provisions of Law no. 145/2025. The team of lawyers involved in supporting the ASF defense was made up of lawyers Dragos Bogdan (coordinating), Andrei Buga and Mihai Stanescu.
Considering some messages released in the public space regarding the solution ordered by the Bucharest Court of Appeal in the previously mentioned case, we understand to make the following clarifications:
Dragos Bogdan: “In an action with the object of suspending the execution of an administrative act, according to the law, the court must analyze two conditions: the well-justified case and the imminent damage. The present case was a special one from this perspective: regarding the well-justified case, our defense was based to a large extent on the mandatory considerations of a decision of the Constitutional Court, which rejected all the criticisms invoked against Law No. 145/2025, including the aspect the salary reductions that this law establishes. Thus, the ASF has only implemented what the legislator has established in its task. As for the imminent damage, beyond the human considerations of the situation, the case law is consistent in the sense that such a reduction cannot in itself represent a case of imminent damage suspension of the execution of the act.”
The solution can be appealed to the High Court of Cassation and Justice. The situation of salary reductions is already generating a very consistent litigation. It follows that the courts, analyzing the merits of the formulated requests, will decide on the case, depending on the defenses formulated, the incidental legal provisions and the decisions of the Constitutional Court.
With a history of over 30 years in the business law market, STOICA & ASOCIATII has gained national and international recognition in the world of law and the business environment, through its entire activity of legal assistance and representation of a vast portfolio of clients. From the establishment in 1995 until now, the lawyers of STOICA & ASSOCIATII have proven that they are a strong team, based on the observance of its principles: Fidelitas, Integritas, Fortitudo. STOICA & ASSOCIAțII has acquired an excellent national and international reputation. His professional achievements are recognized in the most important legal guides: Chambers Europe, Legal 500, WTR 1000, IAM Patent 1000.
Article supported by STOICA & ASSOCIAțII
