International peacekeeping missions
One of the main projects in which our team is involved is the recovery of salary rights that the romanian public institutions from the system of defense, public order, safety service and national security (the Romanian Army, the Romanian Police, the Romanian Gendarmerie and the Romanian Security and Protection Service) should pay the romanian policemen and military who participated in international peacekeeping missions, in the theaters of operations, under the auspices of the UN, EU, OSCE and NATO, such as:
1) Under the auspices of the United Nations (UN): UNAMA – Afganistan; MINUSTAH - Haiti; MINUJUSTH – Haiti; UNAMID - African Union Mission in Darfur; MONUSCO – Congo; UNMIK – Kosovo; UNMIT – East Timor; MINUSMA – Mali; UNFICYP – Cyprus; UNMIL – Liberia; UNMIS – Sudan; UNMISS – South Sudan; MINUSCA – Central African Republic; OPCW-UN Joint Mission Siria;
2) Under the auspices of the European Union (EU): EUPOL – Afghanistan; EUPOL COPPS – Palestinian Territories; EUAM – Ukraine; EULEX – Kosovo; EUPM - Bosnia and Herzegovina; EUMM – GEORGIA; EUPOL – Congo; EUBAM Libya; EUFOR ALTHEA; EUBAM - Moldova and Ukraine; EUCAP SAHEL Niger; EUCAP SAHEL Mali; EUCAP Somalia;
3) Under the auspices of the Organization for Security and Cooperation in Europe (OSCE): OSCE – Kosovo; OSCE – Ukraine; OSCE KVM – Kosovo – Macedonia;
4) Under the auspices of the North Atlantic Treaty Organization (NATO): ISAF – Afghanistan; NTMA – Afghanistan; RSM – Afghanistan.
Our mission does not end when the trial is finally won, but continues during the execution of the court decision, the procedure in which, most of the time, the institutions from the system of defense, public order, safety service and national security try to evade the legal provisions and escapes from the compliant execution of the final decisions of the court.
The legal issues within these disputes involve both the analysis of military, non-public normative acts, classified acts, international technical agreements, memorandums of understanding, Resolutions adopted by the United Nations Security Council, Council Decision (CFSP); Decisions adopted by the Permanent Council of OSCE, Decisions of the European Court of Human Rights, Decisions of the Court of Justice of the European Union, European Union law and the international treaties that Romania concluded with international organizations but also the analysis of the considerations of the Decisions of the High Court of Cassation and Justice pronounced either for the unification of jurisprudence, decisions which sometimes, unfortunately, do not lead to the solution of the legal problem but rather give birth to new discussions.
Militaru Law Office.
One team. One mission.
Militaru Law Office is a law firm within Bucharest Bar, founded in 2017 and made up of young energetic people with solid knowledge in the law field mainly operating in the field of business law.
We make sure that our clients’ business grows and we protect it from all legal challenges that can limit it. We help our clients not only mitigate risk but also discover opportunities and find solutions to legal issues. We listen to our clients and we like working in a team so that we adopt and implement the best strategy together.
We keep our clients apprised of all developments that might impact a case, and we expect our clients to do the same in return.
We work with various professionals from other related legal areas (notaries, bailiffs, mediators, certified translators, insolvency and restructuring practitioners, technical experts, intellectual property counselors, etc.) to implement the legal solutions provided
We support every client relationship with intellectual agility, commercial acumen and a human touch.
Our Legal Practice Areas
Corporate & Commercial law
We provide assistance to and representation of companies both in relationships with their business partners and in the disputes that may arise in a company’s life. We draft, review and negotiate contracts across a wide range of trade agreements. We provide legal solutions to our clients’ business so that they are aware of the risks they are exposed to and of their opportunities when making certain management decisions. We assist companies (with or without foreign capital) in the Trade Registry both in Bucharest and in any other Romanian city.
Tax Law
We assist and represent clients before tax authorities in terms of challenging administrative and fiscal documents, before contentious administrative and fiscal courts for the cancellation and suspension of the effects ensuing from Inspection Reports and Tax Decisions, as well as for the suspension and cancellation of forced execution proceeded to by the tax administration.
Administrative Law
At present, any business is rigorously regulated by national rules (laws and ordinances) and by local rules (decisions adopted by local councils). Most of the time, the rules are involuntarily violated by entrepreneurs and our primary goal is to prevent them so that their business is safe. We assist and represent our clients in all prior administrative proceedings and in the courts for the cancellation of unlawful administrative documents (building permits, local council decisions illegally adopting urban plans, demolition of illegally buildings, etc.) as well as for the recognition of claimed rights and repairing the damages caused.
Intellectual Property Law
In order to protect the identity of our clients’ business, we offer them assistance in the proceedings before the following national and international institutions. We provide consultancy and representation services in courts of law and before other jurisdictional institutions for the protection of intellectual property rights, rights conferred by a patent, registered trademarks, industrial designs, copyright.
ANRP (National Agency for Property Restitution)
We provide assistance and representation throughout the entire compensation procedure, starting with representation before the local authorities (mayor, local land commission) for the issuance of the Mayor’s Decision, representation before the prefecture for obtaining compliance certificates, before the CNCI (National Commission for the Compensation of Real Estates) for the issuance of the Settlement Decision, as well as before the ANRP for issuing and capitalizing the Payment Titles.
Banking Law
We provide consultancy in the conclusion and negotiation of loan agreements and mortgage sales agreements. If a real estate that is the subject of a sale is located in a residential area, most of the times the sales agreement includes numerous clauses to the buyer’s disadvantage which are not found in the pre-agreement. Therefore, the buyer must be twice as careful, both regarding the loan agreement concluded with a bank and the sales agreements concluded with the real estate developer. We provide consultancy and representation in litigations for the partial cancellation of loan agreements in terms of abusive clauses, in the forced execution procedure as well as in the payment notification procedure.
Personal Injury Litigation
We provide assistance and representation in negotiations with insurance companies and in the court, throughout the entire procedure of granting compensations for injuries caused by accidents, whether they are road or medical accidents caused by doctors (malpractice) or even non-functional equipment.
European Funds
We provide assistance and representation in order to implement European funding contracts by reaching the result indices. In circumstances when the control bodies lay down certain obligations for clients regarding the way a European funding contract has been implemented, we provide representation before the courts in actions for annulment of decisions and reports issued by institutions subordinated to the Ministry of European Funds.
The European Court of Human Rights (ECHR)
We assist and represent our clients in the proceedings before the ECHR if, in a finally settled national dispute, the national court has violated one of the rights protected by the European Convention on Human Rights. Given the strict admissibility conditions of an application before the Strasbourg Court, we reserve the right to represent clients before the ECHR only if we have already represented them in national courts, too.
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