CONSIDERAŢII REFERITOARE LA TAXELE PROFESIONALE ANUALE PENTRU MEDIATORI, IMPUSE NEJUSTIFICAT DE CĂTRE CONSILIUL DE MEDIERE. SOLUŢII PRIVIND CERERILE DE CHEMARE ÎN JUDECATĂ PENTRU RECUPERAREA TAXELOR
CONSIDERATIONS ON ANNUAL PROFESSIONAL TAXES FOR MEDIATORS, ESTABLISHED BY THE MEDIATION COUNCIL AS MANDATORY. SOLUTIONS FOR LAWSUITS FILED IN COURT FOR THIS TAXES

Summary/Abstract: This article analyzes an issue related to a recent recovery campaign of annual professional tax for mediators, established by The Mediation Council, but not regulated by the Mediation Law no. 192/2006. The Romanian Mediation Council filed numerous lawsuits in court against mediators to recover the annual professional taxes that have not been paid for previous years, although without a legal basis for this claims, and without attempting to resolve the situation amiable, through mediation, as is the stated purpose of this institution. The article highlights issues related to the lack of a legal basis for the so-called annual professional tax required from mediators by The Mediation Council and the fact that no prior consent of mediators existed (although required as a principle of basic law) for optional services form The Mediation Council to justify the payment of such a professional tax. The article highlights that there is no real practice for the courts of law to admitte the lawsuits filed in court by The Mediation Council against mediators for recovering the taxes and to establish the obligation for mediators to pay the annual professional tax, but only a false attempt, made in bad faith, by the Mediation Council in order to induce the courts of law and mediators to believe this, which is not supported by statistical data or arguments.

• Details
• Contents