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Last update: 21-09-2007
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Organisation of justice - Romania

In accordance with Law No 304/2004 on the organisation of justice, republished, as subsequently amended and supplemented, judicial power is exercised by the High Court of Cassation and Justice and the other courts established by law:

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The above law also provides for a number of military courts:

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The jurisdiction of the court as to substance is established by the Code of Civil Procedure as follows:

"Article 1

The district courts shall hear:

  1. at first instance, all cases and applications, with the exception of those which, by law, come under the jurisdiction of other courts;
  2. complaints against the decisions of public authorities with judicial powers and of other bodies with such powers, in cases provided for by law;
  3. any other matters which, by law, come under their jurisdiction.

Article 2

The tribunals shall hear:

  1. at first instance:
    1. cases and applications in the field of commercial law relating to matters with a value in excess of 100 000 Romanian lei as well as cases and applications in the field of commercial law relating to matters whose value cannot be calculated in money terms;
    2. cases and applications in the field of civil law relating to matters with a value in excess of 500 000 Romanian lei, with the exception of applications for judicial partition, applications relating to legal succession, applications which cannot be valued in money terms and applications relating to the land fund, including ordinary law applications, petitions and, where applicable, possessory actions brought by third parties whose rights have been violated as a result of the application of the laws relating to the land fund;
    3. labour disputes, with the exception of those which, by law, come under the jurisdiction of other courts;
    4. cases and applications relating to administrative litigation, with the exception of those which come under the jurisdiction of the courts of appeal;
    5. cases and applications in matters of intellectual creation and industrial property;
    6. cases and applications in matters of expropriation;
    7. applications relating to the approval, nullity or setting aside of adoptions;
    8. applications relating to compensation for prejudice caused by judicial error in criminal proceedings;
    9. applications for recognition or approval for the enforcement of legal decisions given in foreign countries;
  2. as the court of appeal, appeals filed against decisions given by district courts at first instance;
  3. as the higher court of appeal, appeals against decisions of judges which, by law, are not subject to appeal;
  4. in any other matters which, by law, come under their jurisdiction.

Article 3

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The courts of appeal shall hear:

  1. at first instance, cases and applications in matters of administrative disputes relating to acts of the authorities and central institutions;
  2. as the court of appeal, appeals filed against decisions given by tribunals at first instance;
  3. as the higher court of appeal, appeals against decisions given by tribunals on appeal or against decisions given by tribunals at first instance, which, by law, are not subject to appeal, and other matters expressly laid down by law;
  4. in any other matters which, by law, come under their jurisdiction.

Article 4

The High Court of Cassation and Justice shall hear:

  1. appeals against decisions of the courts of appeal and other decisions in the cases provided for by law;
  2. appeals in the interests of the law;
  3. any other matters which, by law, come under its jurisdiction.

Article 4a

Judicial jurisdiction in matters of arbitration governed by Section IV falls to the court which would have been competent to resolve the basic dispute, in the absence of an arbitration agreement."

The organisation and jurisdiction ratione materiae of the High Court of Cassation and Justice are laid down in Articles 21 to 25 of Law No 304/2004 on the organisation of justice, republished, as subsequently amended and supplemented:

"Article 21

The civil law and intellectual property section, the criminal section, the commercial section and the administrative and tax litigation section of the High Court of Cassation and Justice shall hear appeals against decisions given by the courts of appeal and other decisions in the cases provided for by law.

Article 22

The criminal section of the High Court of Cassation and Justice shall hear:

  1. at first instance, cases and applications which, by law, come under the jurisdiction of the High Court of Cassation and Justice as court of first instance;
  2. appeals under the conditions laid down by law.

Article 23

  1. The sections of the High Court of Cassation and Justice shall, within their respective jurisdiction, settle the following:
    1. applications to transfer a case for reasons laid down in the codes of procedure;
    2. conflicts of jurisdiction in the cases laid down by law;
    3. any other applications provided for by law.
  2. The sections of the High Court of Cassation and Justice shall also settle appeals against non-definitive decisions or judicial acts of any kind that cannot be contested by any other means, in cases where proceedings have been interrupted at the court of appeal stage.

Article 24

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  1. The bench of nine judges shall settle appeals and applications in cases heard at first instance by the criminal section of the High Court of Cassation and Justice.
  2. The bench of nine judges shall also hear other cases which, by law, come under its jurisdiction and shall also hear disciplinary proceedings.

Article 25

The sections of the High Court of Cassation and Justice shall meet in joint session for the following:

  1. to hear appeals in the interests of the law;
  2. to settle, under the terms of this Law, referrals concerning changes to the case-law of the High Court of Cassation and Justice;
  3. to refer draft laws to the Constitutional Court so that it can ascertain whether they are constitutional before promulgation."

The organisation of the courts of appeal, the tribunals, the specialised tribunals and the district courts is laid down in Law No 304/2004 on the organisation of justice, republished, as subsequently amended and supplemented:

"Article 35

  1. The courts of appeal are courts with legal personality under whose jurisdiction several tribunals and specialised tribunals operate.
  2. Within the framework of the courts of appeal operate sections or, where applicable, specialised benches to hear civil cases, criminal cases, commercial cases, cases involving minors or families, administrative and tax litigation cases, labour or social security disputes and, depending on the nature and number of cases, sections for maritime and inland waterway matters and other matters."

"Article 36

  1. The tribunals are courts with legal personality which function at county level and for the municipality of Bucharest and which, as a rule, are located in each county capital.
  2. The jurisdiction of each tribunal includes all the district courts in the county or, where applicable, of the municipality of Bucharest.
  3. Within the framework of the tribunals operate sections or, where applicable, specialised benches to hear civil cases, criminal cases, commercial cases, cases involving minors or families, administrative and tax litigation cases, labour or social security disputes and, depending on the nature and number of cases, sections for maritime and inland waterway matters and other matters."

"Article 39

  1. Within the district courts, specialised sections or benches may be set up depending on the nature and number of cases.
  2. Within the district courts, specialised sections or benches shall be organised for cases involving minors and families."

"Article 40

  1. The specialised benches and sections for cases involving minors or families and the specialised tribunals for minors and families shall hear cases relating to offences committed by minors and offences committed against minors."

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Last update: 21-09-2007

 
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