Specialised courts - Romania
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This page provides information on specialised courts in Romania
Brașov Tribunal for Children and Family Matters
The Brașov-based Tribunal for Children and Family Matters hears cases related to offences committed by children or against children. Before this Tribunal was set up, such cases were heard by the Brașov Tribunal.
There are 3 specialised courts (formerly commercial courts):
- Cluj Specialised Tribunal;
- Mureș Specialised Tribunal;
- Argeș Specialised Tribunal.
They hear cases involving professionals. Any person operating an undertaking is regarded as a professional.
The jurisdiction of the military courts is laid down in the Code of Criminal Procedure. Each military court has the status of a military base.
The hierarchical organisation of the military courts is as follows:
- 4 military courts (in Bucharest, Cluj-Napoca, Iasi and Timisoara)
- Bucharest Military Tribunal;
- Bucharest Military Court of Appeal
The military courts have military judges, clerks, archivists and other personnel.
There are 4 military courts in Romania in:
As first instance court, the military court can resolve all offences committed by military personnel up to and including the rank of colonel, as well as other specific cases provided by law.
Bucharest Military Court of Appeal
The Military Court of Appeal hears the following cases:
- As a court of first instance, offences against national security: treason, treason through transmission of State secret information, treason by aiding the enemy, action against constitutional order, hostile action against the state, espionage, attack endangering national security, attack against community security, diversionary acts, disclosure of false information, propaganda propaganda, compromise of state interests, disclosure of secrecy endangering national security, crimes against persons enjoying international protection, non-denunciation of offences against national security committed by the military, offences committed by military tribunals and military prosecutors from the military prosecutor’s offices operating in those courts, offences committed by general, Marshal and Admiral, applications shall be displaced, where provided for by law;
- As a court of appeal, appeals against first instance decisions by military tribunals;
- It resolves conflicts of jurisdiction between military tribunals within their constituency and appeals against decisions given by them in cases provided for by law.
There are no administrative courts in Romania. A court’s special administrative section has the authority to hear administrative cases.
Other special courts
The Constitutional Court
The Constitutional Court consists of 9 judges, appointed for a non-renewable 9-year term of office. 3 Judges shall be appointed by the Chamber of Deputies, 3 by the Senate and 3 by the President of Romania. The Constitutional Court judges elect the President of the Constitutional Tribunal by secret ballot for a 3-year term of office. The Constitutional Court renewed one third of its judges from 3 to 3.
Pursuant to Article 146 of the Romanian Constitution, the Constitutional Court has the following powers:
- Rule on the constitutionality of laws before their promulgation, pending referral to the President of Romania; of one of the Presidents of the two Chambers of Parliament; of the Government; a High Court of Cassation and Justice; an Ombudsman, at least 50 Members or at least 25 senators, as well as of its own motion, on initiatives for the revision of the Constitution;
- it decides on the constitutionality of treaties or other international agreements, on referral by either the President of either of the Parliament’s Chambers, or at least 50 Deputies or 25 Senators;
- It decides on the constitutionality of Parliament’s regulations, on referral by the President of either of the Chambers, a parliamentary group, or at least 50 Deputies or 25 Senators;
- Decides on exceptions of unconstitutionality relating to laws and orders, raised before courts or commercial arbitration; the exception of unconstitutionality can also be raised directly by the Ombudsman;
- it decides on legal disputes of a constitutional nature between public authorities, at the request of the President of Romania, the President of either of the Parliament’s Chambers, the Prime Minister, or the President of the Superior Council of Magistracy;
- it monitors compliance with the procedure for the election of the President of Romania, and confirms the election results;
- It issues advisory opinions on proposals to suspend the President of Romania from office;
- It confirms the presence of circumstances justifying the presence of an acting head of state, and it reports its findings to Parliament and the Government;
- It monitors compliance with the procedure for the organising and holding of a referendum, and confirms the results thereof;
- It verifies that conditions are met for citizens to exercise legislative initiative;
- It rules on objections as to the unconstitutionality of a political party;
- It discharges any other duties provided for by the Court’s organic law (Law No 47/1992, republished).
The following legal databases are available online:
- The High Court of Cassation and Justice publishes its case law on its own website;
- The courts publish summaries of their judgments on the Courts’ Portal. For example, see the summaries of judgments issued by the Bucharest Court of Appeal;
- Romania’s legal database, owned and maintained by the Legislative Council of Romania, contains the full text of Romanian legislative acts (Laws, Government Orders, Government Decisions, etc.);
Is access to the database free of charge?
Yes, access to the database is free of charge.
This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.
Last update: 16/09/2019