THE ROMANIAN JUDICIARY

Overview
A. The Romanian Judiciary
1. The court system
The judicial power in Romania is exercised by the High Court of Cassation and Justice and by the
other courts established by law. The court system comprises:
a The High Court of Cassation and Justice (HCCJ);
b 15 courts of appeal;
c 41 tribunals;
d 4 specialised tribunals;
e 177 courts of first instance.
The courts of first instance have a general jurisdiction rationae materiae. A decision rendered at
the level of courts of first instance may be challenged in appeal at the next court level.
The means of judicial review regulated by law are: first instance, appeal and second appeal
(recurs).
The Civil Procedure Code provides only for one appeal in simple cases. For complex cases one
appeal may be lodged (on matters pertaining to the facts of the case and the interpretation of the
law) and the second appeal (only on matters of law).
Specialised sections1 are in place at the level of higher courts (tribunals, courts of appeal and
HCCJ).
Guarantees of independence are provided both by the Constitution and the laws on judiciary on
following matters:
9 Judges are independent and obey only to the law.
9 All career decisions regarding judges are rendered by an independent body, the
Superior Council of Magistracy.
9 The judges decide on their own competence to try cases.
9 Only courts may review the court decisions.
2. The prosecutors offices
Prosecutors offices function attached to the courts and include:
a The Prosecutors Office attached to High Court of Cassation and Justice (POHCCJ). PO-HCCJ includes the National Anticorruption Department (NAD);
b Prosecutors offices attached to courts of appeal;
c Prosecutors offices attached to tribunals;
d Prosecutors offices attached to courts of first instance.
Prosecutors have the following competences:
9 conduct criminal investigation, according to the law;
9 represent the general interest of the society and protect the rule of law;
9 lead and supervise the activity of criminal investigation conducted by the police.

E.g. for minors, civil section, criminal section, commercial section, administrative litigation section, labour litigation
section, etc.

Prosecutors are independent in relation to the courts and to any other public authority and exercise
their prerogative according to the principle of legality, impartiality and hierarchical control, under
the authority of the Minister of Justice.
The Minister of Justice cannot ask the prosecutors to initiate or to stop criminal
investigations and has no means to interfere in their activity. The Minister of Justice may only
check the manner in which prosecutors fulfil their managerial duties, their working obligations and
the manner in which their work relationships with litigants take place. The law expressly provides
that the control exercised by the Minister may not concern measures ordained by prosecutors in
the course of criminal prosecution and the decisions they adopt.
When ordered, the control is performed by prosecutors within prosecutors offices and not by
Ministry of Justice (MoJ) staff. The Minister of Justice may ask the general prosecutor of the
Prosecutors' Office attached to the High Court of Cassation and Justice, or, as the case may be, the
chief prosecutor of the National Anti-Corruption Directorate, for information on the activity of the
prosecutors' offices and may issue written guidelines about the steps to be taken in crime
prevention and control.
Further guarantees for the independence are provided for the prosecutors:
9 Career decisions regarding prosecutors are rendered by the Superior Council of
Magistracy (SCM)2
9 Objective criteria are established for the distribution of cases to prosecutors.
9 Procedural means are in place to protect prosecutors from interferences in conducting
criminal investigations.
3. The Superior Council of Magistracy
The Superior Council of Magistracy (SCM) is the institution in charge with guaranteeing the
independence of the judiciary, being the only body competent with regard to the career of judges
and prosecutors (appointment, professional evaluation, promotion, disciplinary sanctioning and
release from office)3. The SCM is independent and obeys only to the law.
SCM is formed of 19 members:
9 9 judges and 5 prosecutors, elected by the general assemblies of judges and
prosecutors,
9 2 representatives of the civil society and
9 3 members de jure the President of the HCCJ, the Minister of Justice and the General
Prosecutor of the PO-HCCJ.
The SCM has two sections: one for judges and one for prosecutors. These sections function as
courts for judges and prosecutors for trying disciplinary breaches of duty. When SCM acts in this
capacity the Minister of Justice has no right to vote.
The following institutions are functioning under the coordination of the SCM:
9 The National Institute of Magistracy (in charge with the initial and continuous training
of judges and prosecutors);
9 The National School for Clerks (in charge with the initial and continuous training of
auxiliary staff).

As an exception, the General Prosecutor from the Prosecutors Office attached to HCCJ, his deputies, the General
Prosecutor from DNA and his deputies, and the Chief Prosecutor of the Direction for Investigation of Organised
Crime and Terrorism are appointed by the President of Romania, upon proposal made by the Minister of Justice, with
the advisory opinion of the SCM.
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Website: www.csm1909.ro.

The laws ensuring the proper functioning of the SCM and of the judiciary are:
9 Romanian Constitution of 1991 (as amended in 2003);
9 Law no.303/2004 on the statute of judges and prosecutors, as amended by Law no.
247/2005;
9 Law no.304/2004 on the judicial organization, as amended by Law no. 247/2005;
9 Law no.317/2004 on the Superior Council of Magistracy, as amended by Law no.
247/2005;
4. The Ministry of Justice
The Ministry of Justice has competences regarding the administration of justice as a public service,
ensuring its good organisation and providing the budgetary resources. The overall courts budget is
administered by the Ministry of Justice.
The following institutions are functioning under the authority of the Ministry of Justice
9 The National Administration of Penitentiaries;
9 Probation services;
9 The National Trade Register Office;
9 The National Institute for Forensic Expertise.
5. Lawyers
Lawyers are organised as a liberal profession, according to Law no. 51/1995 on the organisation
and exercise of the lawyers profession.
The lawyers have their own professional organisation The National Union of Romanian Bars
as well as decentralised units at the level of every district. Lawyers perform their activity in private
offices and represent or assist clients before courts, prosecutors offices or any other public
authority. The lawyers may be chosen by the clients or appointed ex officio by courts, according to
the provisions of the Criminal Procedure Code and Civil Procedure Code which regulate legal aid.
6. Public Notaries
Public notaries are organised as a liberal profession, according to Law 36/1995 regarding public
notaries and notary activity.
The notaries have their own professional organisation The National Union of Romanian Notaries
as well as decentralised units at the level at every district. The notaries perform their activity in
private offices, providing services to natural and legal persons, by authenticating/certifying
contracts or any other acts, according to the law.
7. Judicial Bailiffs
Bailiffs are organised as a liberal profession, according to Law no. 188/2000 regarding judicial
bailiffs.
The bailiffs have their own professional organisation The National Union of Judicial Bailiffs
as well as decentralised units at the level at every district. The judicial bailiffs perform their
activity in private offices, having the task of conducting enforcement of judgments and other writs
of execution.

B. The Constitutional Court

The Constitutional Court safeguards the compliance of legislative acts with the constitutional
provisions. The Constitutional Court is not part of the judiciary. Nevertheless, it ensures the
observance of the rule of law.
The ex ante constitutionality control is performed for the following legislative acts:
9 The laws, before promulgation, upon notification by the President of Romania, by the
President of either of the two Chambers of Parliament, by Government, by HCCJ, by
the Ombudsman, or by at least 50 deputies or 25 senators.
9 The treaties or other international covenants, before ratification by the Parliament, upon
notification by the President of either of the two Chambers of Parliament or by at least
50 deputies or 25 senators.
9 Parliamentary Regulations, upon notification by the President of either of the two
Chambers of Parliament or by at least 50 deputies or 25 senators.
The control is also performed after the adoption of legislative acts by:
9 Deciding over exceptions of constitutionality raised before the courts or arbitration
tribunals, or by the Ombudsman.
9 Deciding over disputes arising between public authorities, upon request by the
President of Romania, by the President of either Chamber of Parliament, by the PrimeMinister or by the President of the SCM.

C. Access to justice
The Romanian Constitution, as well as the other laws, guarantees access to justice to every person,
for defending his/her rights, liberties and legitimate interests, thus exercising the right to a fair
trial. Access to justice cannot be restricted and all persons are equal before law.
The right to defence is guaranteed and, during the trial, the parties are entitled to be represented, or
assisted by a lawyer, chosen or appointed ex officio, according to legal aid provisions.
Legal aid is regulated through the provisions of the Criminal Procedure Code and of the Civil
Procedure Code. Also, Law no. 51/1995 provides that any interested person may benefit of legal
aid at any stage of court proceedings (first instance, appeal, second appeal etc.).
Mediation, as alternative dispute resolution mean, has been introduced in the legal framework by
Law no. 192/2006. The Mediation Council, representative and independent body, is in charge with
regulating the mediation activities and profession according to the law.
The liberty and security of the person are guaranteed by procedural means:
9 Search, police custody and arrest are permitted only in cases and in accordance with the
procedure prescribed by the law
9 A person may be taken in custody by police only for a period of maximum 24 hours
and the prosecutor will be immediately informed.
9 If deemed necessary, the prosecutor will file a request before court, for an arrest
warrant to be issued for a period of maximum 30 days. The period may be prolonged,
with another 30 days, but no more than 6 months (the maximum period for pre-trial
detention).
9 Only a judge can issue an arrest warrant. Judges decision is subject to appeal.
9 The person detained has the right to a defence lawyer, chosen or appointed ex officio.
9 The presumption of innocence is a fundamental principle of the criminal trial.
9 Detention may be ordered only in criminal trials.
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