The judicial system in Romania is a hierarchical structure, which can be seen in the form of a pyramid: at the base are the District Courts, and at the top of the pyramid we find the High Court of Cassation and Justice.
The District courts, otherwise known as local courts, are courts without legal personality, organized in the counties and in the districts of Bucharest. There are currently 188 District courts. They can rule in any case that is not expressly referred to them by law under the jurisdiction of another court. A decision given by the first instance court can be appealed to the next hierarchical court.
The County courts, otherwise known as Tribunals, are courts with legal personality, usually having their headquarters in each county seat and in Bucharest. The jurisdiction of each County court includes all the District courts in the county. There are 42 County Courts. They can rule in the first instance, appeal and second appeal. There are civil and criminal divisions and, in relation to the nature and number of cases, maritime and river divisions or for other matters.
The specialized County courts are: juvenile and family County courts, labor and social insurance County courts, commercial County courts, administrative and fiscal County courts. Specialized County courts are courts without legal personality, which operate at the level of each county and the municipality of Bucharest and are, as a rule, based in the county seat municipality.
Courts of Appeal are courts with legal personality, in the constituency of which there are several County courts and specialized County courts. The Courts of Appeal have divisions for civil cases, criminal cases, commercial cases and cases with minors and families, administrative and fiscal cases, cases of labor disputes and social insurance, as well as, in relation to the nature and number of cases, maritime and river divisions or for other matters.
The High Court of Cassation and Justice is the supreme court in Romania, having the headquarters in Bucharest. The Court is divided into three divisions (civil, criminal and administrative and fiscal litigation), the Panel of 5 judges and the United Divisions. The High Court judges only on appeal. At the same time, it can rule in referrals in the interests of the law – on legal issues resolved differently by the courts and to give preliminary decisions on the legal interpretation of unclear laws.
Legal Intern R&R Partners Bucharest
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