Romania’s Trade Register Office Might Pass In The Administration Of The Chamber Of Commerce

The transfer of the Trade Register Office from the justice ministry to the Chamber of Commerce and Industry was stipulated in a law adopted by Parliament in the spring of 2006 that was afterwards declared unconstitutional by the Constitutional Court.

Ovidiu Silaghi, minister for small and medium sized enterprises, commerce, tourism and liberal professions said it is only normal for the trade register to be subordinated to the Chamber of Commerce, the organism that created it.

The ministry official said that the draft will be presented to Government in maximum 30 days.

The draft law stipulates that the head of the Chamber of Commerce will set the organization and functioning structure of the Trade Register and its county branches, and will also appoint the institution’s general manager.

If the Romanian government approves the draft ordinance, then in 30 days since the draft was approved, the institution’s data base as well as all additional documents will be taken over by the Trade Register in the subordination of the Chamber of Commerce.

The Law on the chamber of commerce and industry, stipulating the transfer of the National Trade Register Office from the subordination of the justice ministry into that of the Chamber of Commerce and Industry was declared unconstitutional in July 2006, following an intimation submitted by 56 MPs.

Democrat, minority as well as independent MPs said at the time that the register cannot be taken from the public domain of the state and passed into the private domain of the state.

Monica Macovei, the justice minister at the time, said that transferring the trade register office into the private domain of the state can be made only by observing the law on leasing public services, that made reference to the principles of transparency and equal treatment. She viewed the measure as an inappropriate one.

On the other hand, representatives of the Chamber of Commerce and Industry, as well as liberal MPs, initiators of the draft law, considered that the CCIR is more than competent of managing a public service institution like the National Trade Register Office.

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