NATIONAL JUDICIAL SYSTEMS
The Member State judicial systems are very diverse, reflecting differences in national judicial traditions.
Judicial Systems In Member States – Romania
This section provides you with an overview of the national judiciary system and court system in Romania.
Organisation of justice – judicial systems
The principles, structure and organisation of the Romanian judicial system are laid down in the Romanian Constitution and in Law No 304/2004 on judicial organisation.
The following courts make up the judicial system:
the High Court of Cassation and Justice;
the courts of appeal;
the specialised tribunals;
the district courts and
the military courts.
Hierarchy of courts
The High Court of Cassation and Justice functions as the Supreme Court in Romania. It ensures that the law is interpreted and applied uniformly by the other courts of law.
The 15 courts of appeal have tribunals and specialised tribunals under their jurisdiction.
The 42 tribunals are organised at county level and in Bucharest, and are located as a rule in the main town of each county.
The 4 specialised tribunals function as separate courts for cases involving minors and family law (1) and for commercial cases (3).
The tribunals have 176 functioning first instance courts under their jurisdiction.
Types of courts – short description
Several courts carry on their judicial activity under the jurisdiction of each of the 42 tribunals.
First instance courts are organised at county level and in the districts of Bucharest.
Each court is headed by a president with managerial capacity. The court’s specialised sections are led by a section president. In each court, a leading committee decides upon general, court-governance issues.
The military courts are organised in 4 military tribunals, the Territorial Military Tribunal in Bucharest and the Military Court of Appeal in Bucharest. Each of the military tribunals has the status of a military unit.
The Superior Council of Magistracy is the body that, under the Constitution, ensures the independence of the judiciary. Furthermore, it ensures observance of the law and of the criteria of competence and professional ethics in the exercise of the professions of judges and prosecutors.
The Ministry of Justice contributes to the proper functioning of the judicial system, ensures that justice takes its course under proper conditions as a public service and defends the legal order and citizens’ rights and freedoms.
Within the judicial activity, the Public Ministry represents the general interests of the society and defends legal order, as well as the citizens’ rights and freedoms.
The Public Ministry discharges its powers through public prosecutors, constituted into public prosecutor’s offices attached to the High Court of Cassation and Justice, courts of appeal, tribunals and first instance courts.
The following legal databases are available online:
Case-law of the High Court of Cassation and Justice is published on the High Court of Cassation and Justice website;
Summaries of the court decisions are published on the Court’s portal. See, for example, the Bucharest Court of Appeal summarised decisions;
The Romanian legal database, held and maintained by the Legislative Council of Romania, contains all the instruments of Romanian law (laws, government orders, government decisions, etc.);