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ROMANIAN JUDICIAL SYSTEM

    The principles, the structure and the manner of organization of the Romanian judiciary are established by the Romanian Constitution and Law no.304/2004 regarding the judicial organization, republished. Justice is made in the name of law and is accomplished through the following courts:
   1. High Court of Cassation and Justice;
   2. Courts of Appeal
   3. Tribunals, specialized tribunals,
   4. Military courts;
   5. First instance courts.

   The High Court of Cassation and Justice is the only supreme court that functions in Romania, with the premises in the capital of the country, and has 4 sections (civil and intellectual property, criminal, commercial and fiscal and administrative claims), the 9 judges panel and the joint sections.

   The courts of appeal are courts have in jurisdiction tribunals and specialized tribunals. At present, there are 15 courts of appeal. Within the appeal courts there are sections or, as the case may be, specialized panels for civil cases, criminal, commercial, minors and family cases, fiscal and administrative claims, labor conflicts and social insurances, as well as maritime or fluvial cases or for other matters.

   The tribunals are organized at every county level and in Bucharest and have the premises in the county residence city.

   In the jurisdiction of every tribunal there are first instance courts. Of the 42 tribunals established by law. Within tribunals, there are sections, or panels for civil cases, criminal, commercial, minors and family cases, fiscal and administrative claims, labor conflicts and social insurances, as well as maritime or fluvial cases or for other matters.

   In the mentioned domains, specialized tribunals can be established at county level or in Bucharest. At present, there are 4 specialized tribunals: Brasov Tribunal for minors and family cases, Cluj Commercial Tribunal, Mures Commercial Tribunal and Arges Commercial Tribunal.

   First instance courts are organized at county level and in districts of Bucharest.
Of a number of 188 first instance courts, 11 are not functioning:
In relation with the nature and number of cases, within the first instance courts sections or specialized tribunals could be established. At first instance courts level, the law provides the organization of sections and specialized panels for minors and family cases.

   Every court is conducted by a president with managerial attributions.
The sections of courts are conducted by a section president.
Also, within every court there is a leading college, which decides with regard to the general problems of the court.
With the exception of first instance courts and specialized tribunals, all others court have judicial personality.

   The military courts are organized in military tribunals, Bucharest Territorial Tribunal and Bucharest Military Court of Appeal.
The military tribunals have, each, statute of military unit, with own indicative.
The military tribunals function in Bucharest, Cluj-Napoca, Timişoara and Iaşi and the Territorial Tribunal and the Military Court of Appeal in Bucharest.

   Attached to every court of appeal, tribunal for minors and family cases and first instance court there is a prosecutors’ office. Similarly, attached to every military court there is a military prosecutors’ office.

   The prosecutors’ offices have premises in the localities where the courts function.
   The prosecutors’ offices which have judicial personality are those attached to courts of appeal and tribunals. The prosecutors’ offices attached to court of appeal and tribunals have sections, services and offices. The prosecutors’ offices attached to courts of appeal have also a section for minors and family cases.
   In relation to the nature and number of cases, within prosecutors’ offices attached to first instance court maritime or fluvial sections can be established.

   The prosecutors’ offices attached to courts of appeal are conducted by general prosecutors and the prosecutors’ offices attached to tribunals and first instance courts are conducted by first-prosecutors. The sections, services and offices of prosecutors’ offices attached to courts are conducted by chief prosecutors.
   Within every prosecutors’ offices there is a leading college functioning which endorses the general problems of prosecutors’ offices.

   The activity of all the prosecutors’ offices is coordinated by the Prosecutors’ office attached to the High Court of Cassation and Justice, which has judicial personality and manages the budget of the Public Ministry.

   The Prosecutors’ office attached to the High Court of Cassation and Justice is conducted by the general prosecutor of the Prosecutors’ office attached to the High Court of Cassation and Justice, a first-deputy, a deputy and three advisors.
   Within the Prosecutors’ office attached to the High Court of Cassation and Justice there is a leading college which decides over the general problems of the Public Ministry.

   The Prosecutors’ office attached to the High Court of Cassation and Justice has in its structure sections, services, offices, conducted by chief prosecutors, including for crimes committed by military personnel.
   Within the Prosecutors’ office attached to the High Court of Cassation and Justice, the Directorate for Investigation of Organized Crimes and Terrorism Crimes functions.
   Within the Prosecutors’ office attached to the High Court of Cassation and Justice an independent structure functions. This is the National Anti-corruption Department, which has judicial personality.

   The National Anti-corruption Department (NAD) is coordinated by the general prosecutor of the Prosecutors’ office attached to the High Court of Cassation and Justice.The NAD has a central structure and a territorial structure, composed of 15 territorial services and 3 territorial offices.

       

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