The High Court of Cassation and Justice (ICCJ) is the supreme court in Romania’s judicial system and plays a key role in ensuring fair and equitable justice.

It stands at the top of the hierarchy of courts and is responsible for the uniform interpretation and application of the law throughout the country. With a complex structure and a control function over lower courts, the High Court of Cassation and Justice is a pillar and a fundamental safeguard of the rule of law.

The Responsibilities of the High Court of Cassation and Justice

One of the fundamental tasks of the HCCJ is to adjudicate appeals against judgments handed down by lower courts. In this regard, the supreme court has the role of reviewing the legality and soundness of the decisions taken by the courts of first instance and appeal.

However, the HCCJ exercises different jurisdictions depending on the field of law, as follows:

• In criminal law, the HCCJ judges both in the first instance and as a court of appeal, in certain cases expressly provided for by law;
• In civil matters, the HCCJ judges only on second appeal.

Structure of the High Court of Cassation and Justice

   Pursuant to Law no. 304/2022, the High Court of Cassation and Justice is organized into the following sections:

• The First Civil Chamber and The Second Civil Chamber– these hear appeals against decisions of the courts of appeal and other judgments, in the cases provided for by law, appeals for annulment, change of venue, jurisdictional conflicts, etc.
• The Criminal Chamber – acts as a court of first instance for trials and applications falling within its jurisdiction under the law (e.g., offenses committed by high-ranking public officials – ministers, deputies, senators – and crimes such as high treason), appeals against criminal decisions pronounced in the first instance by the courts of appeal and the Military Court of Appeal, appeals against final decisions, under the conditions provided by the law, conflicts of competence, etc.
• The Administrative and Tax Litigation Chamber– hears appeals against the decisions of the courts of appeal and other judgments, in the cases provided for by law, appeals for annulment, change of venue, jurisdictional conflicts, etc.
• The United Chambers– among other responsibilities, they adjudicate referrals concerning changes in the jurisprudence of the High Court of Cassation and Justice.

The High Court of Cassation and Justice also includes the Panel of Five Judges, the Panel for Appeals in the Interest of the Law, and the Panel for the Resolution of Preliminary Questions.

The court’s decisions are published on online platforms such as portal.just.ro – for ongoing cases and basic information and www.scj.ro – the official website of the HCCJ, where important jurisprudence is also published, including appeals in the interest of the law and decisions for the resolution of questions of law. Thus, interested persons can consult the relevant case law from these sources.

Decisions of the High Court of Cassation and Justice and their impact

One of the most important roles of the HCCJ is to ensure that all courts across the country apply the law in a consistent and uniform manner. For this, the High Court of Cassation and Justice has two important instruments:

• Appeal in the interest of the law – applies in cases where courts reach different solutions to the same legal problem, and the HCCJ establishes the correct interpretation.
• Preliminary Ruling Procedure – is incidental when a court encounters an unclear legal provision and refers the matter to the HCCJ for clarification, and responds to referrals, thus contributing to the clarification and unification of jurisprudence.

Under certain conditions, the High Court of Cassation and Justice may refer a matter to the Constitutional Court for a ruling on the constitutionality of a law prior to its promulgation, if it considers that those provisions violate the constitutional norms. The HCCJ is also engaged in justice reform and modernization processes, in accordance with European Union standards.

PLEASE NOTE: 

• Through its decisions aimed at ensuring the uniform interpretation of the law, the High Court of Cassation and Justice does not create law (it is not a Constitutional Court), but its decisions are binding on all other courts.
• In most cases (especially on second appeal), the High Court of Cassation and Justice does not reassess the facts or the evidence, but only ensures that the law has been correctly applied.
• Its activity is transparent, the hearings are public, and some are even broadcast live.

In conclusion, the High Court of Cassation and Justice stands as the cornerstone of an independent and equitable judicial system. Its essential role is to ensure a strong rule of law and to protect the fundamental rights of citizens by guaranteeing the uniform application of the law throughout Romania.

                                                                                                                    Liviță Raluca –

                                                                                                          Legal Intern R&R Partners