Universitatea Babeș-Bolyai

Facultatea de Drept
Anul I, ID, sem. II

The Structure of Romanian Courts

Lector. dr. Livia Bradea

Student:
Mădălina SABĂU-BARB
Anul I, ID
 2018
The structure of the Romanian Courts

Organized by the Law no. 304/2004 regarding the judicial organization, the judicial system
in Romania is structured in the form of a pyramid. On the top of the pyramid is the Highest Court
of Cassation and Justice, next the Appeal Courts and Military Court of Appeal, Tribunals,
specialized tribunals, Military tribunals and on the bottom of the pyramid, the First instance courts.

Romanian legislation stipulates the following Courts of Law:

- High Court of Cassation and Justice;
- Courts of Appeal;
- Tribunals;
- Specialized Tribunals;
- Military Courts;
- Regional Courts;
- Arbitrary Court.
Activity of Romanian Courts is performed by respecting the principles of the aleatory
file case distribution and continuity, with the exceptions of the situations in which the Judge cannot
participate to the trial because of objective reasons. Other principles include:
- Court proceedings are public with certain exceptions;
- Decisions are pronounced in public with certain exceptions;
- The Bailiff maintains records on proceedings (declarations by the parties and the Judge).
Romanian High Court of Cassation and Justice
The High Court of Cassation and Justice is composed of the following divisions: civil and
intellectual property, Penal, Commercial and Fiscal and Administrative Contentious Division. The
High Court rules in the following litigations:
- Final appeals against the Decisions of the Courts of Appeal;
- Final appeals “in the interest of the Law”;
- Any other areas of competence (by Law).
The Divisions of the Romanian High Court decide in the following matters, according to
their competence: change of venues, for the reasons stipulated by Law; conflicts of competence,
in the cases mentioned by Law, any of other requests foreseen by Law.
The Divisions of the High Court rule in final appeals against non-definitive decisions of
any nature which cannot be otherwise appealed and the course of trial has been stopped during
before the Courts of Appeal.
The panel of 9 judges decide for final appeals for cases of Penal Section of the High Court
as well and also works as a disciplinary body.
The High Court can also make recommendations to the Romanian Minister of Justice for
any modifications of the legislation.
Romanian Courts of Appeal
Each Court of Appeal includes a number of Tribunals. The Courts of Appeal also contain
a series of specialized divisions: civil clauses, penal, commercial, minor and family, administrative
contentious and fiscal, labour conflicts and insurance etc.
The Courts of Appeal rule in:
- As a 1st phase Court: administrative contentious trials related to actions of authorities and central
institutions;
- As 2nd phase (Appeal): appeals against decisions of 1st Phase Court Decisions;
- As 3rd Phase (Final Appeal): final appeals against decisions of Courts of Appeal and 1st Phase
decisions which are not by Law subject to 2nd Phase Appeal.
- Any other cases lawfully admitted.
Romanian Tribunals
Romanian Tribunals are Courts organized for each county and the Bucharest municipality,
are usually located in the county’s capital.
Competence of Tribunals:
- As 1st Phase Courts:
a) Commercial trials of over 100,000 RON as well as trials without a non-financial object;
b) Civil Trials of over 500,000 RON with certain exceptions;
c) Labour Conflicts with certain exceptions;
d) Administrative contentious trials with certain exceptions;
e) Intellectual and Industrial Property Trials;
f) Expropriation trials;
g) Adoption Trials;
h) Trials arising from judicial errors in criminal trials;
i) Requests to register forced execution of decisions from foreign Courts.
- As 2nd Phase Courts (Appeal):
Appeals against 1st Phase Regional Courts decisions
- As 3rd Phase Courts (Final Appeals):
Final Appeals against decisions of Regional Courts which are not subject to 2nd Phase Appeal.
Romanian Regional Courts
Romanian Regional Courts cover Romanian counties and Bucharest’s sectors. Regional
Courts can contain specialized divisions per the nature and number of the cases. Their competence
is for 1st Phase Courts, respectively all trials with the exceptions of those going directly to superior
Courts.
Romanian Arbitrary Court
The Romanian Arbitrary Court has the mission to promote commercial and civil arbitrage
both on a nationwide and international level and alternative solutions to litigation. Attributions of
the Arbitrary Court include the following:
a) Assist the parties on their request in the Arbitrage procedure;
b) Elaborates models of Arbitrary Conventions and promotes them in specific business areas;
c) Collaborates with Arbitrary Commissions of Chambers of Commerce;
d) Maintains evidence of its specific practice;
Bibliography

www.nhp.ro, consulted in 03.06.2018