UNIVERSITATEA OVIDIUS CONSTANȚA

FACULTATEA DE DREPT ȘI ȘTIINȚE ADMINISTRATIVE

PROGRAMUL DE STUDII DE LICENȚĂ
DREPT

ENGLISH

THE HISTORY OF JUDICIAL SYSTEM AND ITS EVOLUTION OVER TIME

LECT. UNIV. DR. POPESCU CRISTINA

STUDENT,
FODOR LAURA

CONSTANȚA
2023

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 CONTENTS PAGE

Title page _______________________________________________________________________ 1

Contents page ____________________________________________________________________ 2

Abstract _________________________________________________________________________ 3

The history of Judicial System and Its Evolution Over Time _______________________________ 4

Bibliography _____________________________________________________________________ 8

ABSTRACT

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 The Judiciar System around the world started as an introduction of the law and represented
the attemts of the humanity to evolve.
In the most distinct corners of the world, the law system appearead differently and
manifested the intentions of the society to create an utopical state, based on the territories they
mastered.
The first civilizations that laid the groundwork for the judicial systems that would follow
were Mesopotamians, Egyptians, and Greeks, followed by Romans.
In Romania, the judicial system has an ascent that followed the path of most east-european
countries.
In this days, the judicial system of Romania is integrated in the three powers of the state,
where it’s represent a different brench from the executive and the legislative.
In the beginnings, the territory of Romania was occupied by the Roman Empire that gave an
important accent of the actual law system, then was followed by the first majore changes witch
represents the 19th century when was adopted Romanian Civil Code in 1864 and the Criminal Code
in 1865, then the communist and the post-communist eras where the judicial system suffered
important changes, and the most signifiant ones represents the ignorance about human rights.
Nowadays, the Romanian judicial system continues to face challenges like corruption,
insufficient resources, lengthy court proceedings, and public perception of judicial independence
persist.
At the European level, changes start to appear back to the post-World War II era where was
created the European Communities.
In Europe, the states of those times wanted peace and refreshness after the World War II,
where they suffered lot of damages and weast of money and resources so that they created and allied
to lot of treaties such as the Maastricht Treaty or the Lisbon Treaty.
This fact wanted to creat a general judicial and legislative system witch needed to be
respected by whole members of the treaties in way to create harmony and a powerfull collaboration
betwin states.

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 THE HISTORY OF JUDICIAL SYSTEM AND ITS EVOLUTION OVER TIME

The history of the judicial system is a fascinating journey that spans centuries
and civilizations. From ancient societies to modern nations, the concept of justice and
the mechanisms through which it is administered have undergone significant
evolution. The judicial system, as we understand it today, is the culmination of a
complex and multifaceted development that has shaped the way societies resolve
disputes, uphold the rule of law, and protect individual rights.
Ancient civilizations, such as the Mesopotamians, Egyptians, and Greeks, laid
the groundwork for the judicial systems that would follow. These early systems relied
on religious or divine laws to govern human behavior, with priests or religious leaders
acting as judges and mediators.
As societies evolved and became more complex, so did their judicial systems.
The Romans, with their emphasis on law and governance, made significant
contributions to the development of the legal framework. Roman law, particularly the
Corpus Juris Civilis, provided a comprehensive set of laws and procedures that
influenced legal systems throughout Europe and beyond.
With the decline of the Roman Empire, legal traditions fragmented, and
different regions developed their own systems based on local customs, traditions, and
religious influences. The feudal system in medieval Europe brought a hierarchical
structure to the judicial system, with local lords and rulers exercising varying degrees
of legal authority. Courts were often decentralized and operated according to feudal
customs rather than unified legal principles.
The Renaissance and Enlightenment periods marked significant milestones in
the evolution of the judicial system. The rise of humanism and rational thought fueled
the development of legal theories and the recognition of natural rights.
Today, the judicial systems of different countries exhibit a wide range of
structures, procedures, and legal philosophies. From common law systems, rooted in
precedent and case law, to civil law systems that rely on codified statutes, the
diversity reflects the unique historical, cultural, and political contexts in which these
systems have developed.
As society continues to evolve, so too will the judicial system. New challenges
arise, necessitating adaptations and reforms to ensure justice is accessible, fair, and
responsive to the needs of individuals and society as a whole. By studying the history
of the judicial system and its evolution over time, we gain valuable insights into the

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foundations, complexities, and ongoing transformations of this crucial aspect of
governance and human interaction.

The Romanian judicial system has undergone a remarkable evolution

throughout its history, shaped by various political, social, and legal influences. From
its ancient origins to the present day, the Romanian judiciary has experienced
significant transformations aimed at upholding the rule of law, ensuring impartiality,
and safeguarding the rights and freedoms of its citizens.
The foundations of the Romanian judicial system can be traced back to ancient
times when the region was part of the Roman Empire. Roman law, with its emphasis
on legal principles and administration of justice, had a profound impact on the legal
framework that emerged in the region. During the medieval period, Romanian society
adopted feudal practices, resulting in a decentralized judicial system under the
authority of local rulers and nobles. Courts were often influenced by customary law
and local traditions.
In the 19th century, the Romanian legal system experienced significant
changes in line with the broader modernization efforts in the country. Following the
establishment of the unified Romanian state in 1859, legal reforms were implemented
to align the judicial system with European standards. The adoption of the Romanian
Civil Code in 1864 and the Criminal Code in 1865 marked important milestones in
codifying laws and establishing a more systematic and uniform approach to justice.
The communist regime that seized Romania after World War II had a profound
impact on the judicial system. Under the leadership of Nicolae Ceaușescu, the
judiciary was subjected to political control and manipulation, undermining its
independence and impartiality. Courts became instruments of repression rather than
guardians of justice, as political considerations took precedence over legal principles.
The judicial system was used to enforce the regime's oppressive policies.
The fall of communism in 1989 brought about a period of significant reforms
in Romania's judicial system. The transition to democracy necessitated the
establishment of an independent judiciary capable of upholding the rule of law and
ensuring justice for all citizens. The adoption of a new constitution in 1991 reaffirmed
the principles of an independent judiciary, separation of powers, and respect for
human rights.
Despite significant progress, the Romanian judicial system continues to face
challenges. Issues such as corruption, insufficient resources, lengthy court
proceedings, and public perception of judicial independence persist. Efforts are
ongoing to address these challenges through reforms that promote transparency and
the strengthening of judicial institutions. The implementation of digitalization and

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technology in court processes is also being pursued to enhance efficiency and
accessibility.

The European judicial system also has experienced a remarkable evolution

over the past decades, marked by the progressive establishment of supranational
institutions and the harmonization of legal frameworks across European countries.
In the aftermath of World War II, European nations sought to establish
institutions that would bring peace, stability, and economic cooperation. The
foundations of the European judicial system can be traced back to the creation of the
European Coal and Steel Community in 1951. This supranational organization laid the
groundwork for integration by establishing a common authority to regulate the coal
and steel industries among its member states.
The signing of the Maastricht Treaty in 1992 marked a turning point in the
evolution of the European judicial system. The treaty established the European Union,
transforming the European Communities into a more integrated and politically-
oriented organization. It introduced the concept of European citizenship and expanded
the competences of the EU institutions, including the European Court of Justice, to
areas such as foreign policy, justice, and internal security.
With the EU's expansion, the European judicial system grew to accommodate
an increasing number of member states. The accession of Central and Eastern
European countries in the early 2000s presented both opportunities and challenges. It
required alignment with European legal standards and the integration of new judges
into the European Court of Justice.
Another treaty that changed the European judicial system was the Lisbon
Treaty, which entered into force in 2009, further enhanced the role of the European
judicial system. It introduced significant reforms aimed at streamlining the decision-
making process and reinforcing the principle of subsidiarity. The creation of the
European Union Court of Justice consolidated the merger of the former European
Court of Justice and the Court of First Instance, leading to greater efficiency and
efficacity.

In conclusion, the history of the judicial system is a testament to the evolution

of human civilization and the quest for justice and order. From its ancient origins to
the modern era, the judicial system has undergone significant transformations driven
by societal, cultural, and legal developments.
The evolution of the judicial system has not been without challenges.
Corruption and inequality have at times undermined the integrity of justice. However,
ongoing reforms, advancements in technology, and increased public awareness have
paved the way for improvements in transparency, access to justice and accountability.

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 Looking to the future, the judicial system will continue to adapt and evolve to
meet the changing needs and complexities of society. It will face emerging challenges
such as the digitalization of legal processes, the globalization of legal issues, and the
pursuit of justice in an interconnected world.

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 BIBLIOGRAPHY

1. wikipedia.ro

2. https://nsuworks.nova.edu/cgi/viewcontent.cgi?article=1567&context=ilsajournal

3. http://cnir.conference.ubbcluj.ro/sectiuni-cnir-2/istorie-si-drept-la-romani-evolutia-istorico-juridica/

4. Google translate

5. e-learning.univ-ovidius.ro