European Commission > EJN > Bringing a case to court > Romania

Last update: 11-05-2009
Printable version Bookmark this page

Bringing a case to court - Romania

EJN logo

This page is now obsolete. The original language version has been updated and moved to the European e-Justice Portal.


Imagine a situation in which you are in dispute with a company, a professional person, your employer, a member of your family or somebody else in your own country or abroad. To help you solve this problem, you should ask yourself a number of questions:



 

TABLE OF CONTENTS

1. Do I have to go to Court? It might be better to use alternative dispute resolution procedures. See this theme. 1.
2. Is there a time limit for bringing a court action? Time limits for bringing court actions vary according to the case. The question of time limits can be clarified with a legal adviser or a citizens information bureau providing advice on access to the justice system. 2.
3. Am I sure that I should go to a court in the [Member State in question]? See the 'Jurisdiction of the courts' theme. 3.
4. If yes, to which particular court in [Member State in question] should I go given where I live and where the other party lives, or other aspects of my case? See the 'Jurisdiction of the courts – Member State in question' theme. 4.
5. If yes, to which particular court in the Member State should I go given the nature of my case and the amount at stake? See the 'Jurisdiction of the courts - Member State in question' theme. 5.
6. Can I initiate legal proceedings myself or must I use an intermediary, e.g. a lawyer? 6.
7. To whom should I address my claim: the reception bureau, the clerk of the court or another administrative bureau? 7.
8. In which language should my claim be written? Can I make it orally or must I submit a written claim? Can I send it by fax or email? 8.
9. Is there a special form that I should use to initiate legal proceedings? Which documents must be included in the dossier? 9.
10. Will I have to pay legal expenses, and if so, when? Will I have to pay a lawyer when I lodge the claim? 10.
11. Can I request legal aid (subject 'legal aid'). 11.
12. When is my claim considered to be officially entered? Will I receive conformation of this from the authorities? 12.
13. Can I receive detailed information on the timescale for subsequent procedures (e.g. the time period I have for appearing)? 13.

 

PRELIMINARY QUESTIONS BEFORE BRINGING A CASE TO COURT

1. Do I have to go to Court? It might be better to use alternative dispute resolution procedures. See this theme.

If you are involved in a dispute you can either lodge your complaint with a court or try an alternative means of resolving the dispute, depending on its nature (national, international, disputant, etc.). The latter alternative is compulsory prior to lodging the complaint with a court in the case of labour or commercial disputes (conciliation). Optional conciliation is also expressly provided for in the case of a dispute between the client and the lawyer regarding fees. Mediation is also possible in consumer and family disputes, both before and during the proceedings (Law 182/2006 on mediation and organisation of the mediator profession).

2. Is there a time limit for bringing a court action? Time limits for bringing court actions vary according to the case. The question of time limits can be clarified with a legal adviser or a citizens information bureau providing advice on access to the justice system.

Decree 167/1958 on extinctive prescription states that in addition to the general prescription period of three years there are many other periods with different provisions as regards duration, start and end. There is currently no citizens information bureau providing advice on access to the justice system.

3. Am I sure that I should go to a court in the [Member State in question]? See the 'Jurisdiction of the courts' theme.

Sections 147-158 of Act 105/1992 on private international law relations lay down the rules establishing whether a Romanian court has jurisdiction to deal with a case. The Romanian court has either exclusive or alternative jurisdiction.

TopTop

4. If yes, to which particular court in [Member State in question] should I go given where I live and where the other party lives, or other aspects of my case? See the 'Jurisdiction of the courts – Member State in question' theme.

Territorial jurisdiction is determined on the basis of the alternative or exclusive criteria laid down by sections 5-18 of the Civil Code, which provides that the claim must be lodged with the court with jurisdiction in the place of residence of the defendant.

5. If yes, to which particular court in the Member State should I go given the nature of my case and the amount at stake? See the 'Jurisdiction of the courts - Member State in question' theme.

The jurisdiction of the courts is determined by sections 1-4 of the Civil Procedure Code on the basis of the nature of the case or of the value criteria.

PROCEDURES FOR BRINGING LEGAL PROCEEDINGS

6. Can I initiate legal proceedings myself or must I use an intermediary, e.g. a lawyer?

Under sections Articles 67-73 of the Civil Procedure Code, the party chooses whether to defend himself in person or with the assistance or intermediation of a lawyer.

7. To whom should I address my claim: the reception bureau, the clerk of the court or another administrative bureau?

The request to the court should be addressed to the president of the court, once it has been registered by the court or by the designated judge on duty.

TopTop

8. In which language should my claim be written? Can I make it orally or must I submit a written claim? Can I send it by fax or email?

Under sections 14(5) of Act No 304/2004 on the organisation of the judicial system, procedural claims and documents must be in Romanian, and under section 82 of the Civil Procedure Code, claims must be in writing.

9. Is there a special form that I should use to initiate legal proceedings? Which documents must be included in the dossier?

There are no specific forms for the various legal claims and actions. Section 114 of the Civil Procedure Code on the documents making up a claim lays down the procedure established by case law.

10. Will I have to pay legal expenses, and if so, when? Will I have to pay a lawyer when I lodge the claim?

Section 174 of the Civil Procedure Code specifies that legal expenses are paid when the claim is unsuccessful. Certain expenses, such as judicial and stamp duties, experts' fees, etc., must be paid before then.

11. Can I request legal aid (subject 'legal aid').

Section 74 of the Civil Procedure Code states that anyone who is unable to meet the legal costs of the proceedings may request legal aid subject to the conditions laid down therein.

MONITORING THE PROCEEDINGS

12. When is my claim considered to be officially entered? Will I receive conformation of this from the authorities?

The lodging and registration of the claim is binding to the court. The authorities do not issue confirmation that the claim has been duly entered.

13. Can I receive detailed information on the timescale for subsequent procedures (e.g. the time period I have for appearing)?

Detailed information on the case can be obtained from the office of the clerk of the court or from its website, if it has one. The parties are automatically informed of the timetable for the proceedings and the procedures to be carried out.

Further information

  • www.just.ro română

« Bringing a case to court - General information | Romania - General information »

TopTop

Last update: 11-05-2009

 
  • Community law
  • International law

  • Belgium
  • Bulgaria
  • Czech Republic
  • Denmark
  • Germany
  • Estonia
  • Ireland
  • Greece
  • Spain
  • France
  • Italy
  • Cyprus
  • Latvia
  • Lithuania
  • Luxembourg
  • Hungary
  • Malta
  • Netherlands
  • Austria
  • Poland
  • Portugal
  • Romania
  • Slovenia
  • Slovakia
  • Finland
  • Sweden
  • United Kingdom