Association Internationale des Hautes Juridictions Administratives
International Association of Supreme Administrative Jurisdictions
Association Internationale des Hautes Juridictions Administratives
International Association of Supreme Administrative Jurisdictions
On the grounds of art. 126 para. (1) and (3) of the Romanian Constitution, “Justice is administered by the High Court of Cassation and Justice and other courts established by law,” and “The High Court of Cassation and Justice ensures the uniform interpretation and application of the law by other courts, according to its jurisdiction.”
Pursuant to art.20 para (1) of Law no.304/2022 on judicial organization, , in Romania there is only one supreme court, hereinafter referred to as the High Court of Cassation and Justice, with legal personality and based in the country’s capital.
On the grounds of the Law no. 304/2022, The High Court of Cassation and Justice is organized in:
• First Civil Chamber;
• Second Civil Chamber;
• Criminal Chamber;
• Administrative and Tax Litigation Chamber;
• United Chamber
According to Article 23 para. (1), para. (2) and par. (3), Art. 25 of Law No. 304/2022 on the organisation of the judiciary and the provisions of the Code of Civil Procedure, the First Civil Chamber shall adjudicate:
• appeals against judgments of the courts of appeal and other judgments in the cases provided for by law;
•appeals against non-final judgments or judicial acts of any kind which cannot be challenged by any other means and the course of the proceedings has been interrupted before the courts of appeal;
• appeals against judgments dismissing the application for referral to the Constitutional Court, delivered at last instance (where the judgment was delivered by the First Civil Chamber of the High Court of Cassation and Justice, the appeal is heard by a different panel);
• applications for revision in the cases provided for by law;
• appeals for annulment;
• applications for transfer, for the reasons provided for in the Code of Civil Procedure;
• conflicts of jurisdiction, in the cases provided for by law;
• any other applications provided for by law.
According to Article 23 para. (1), para. (2) and par. (3), Art. 25 of Law No. 304/2022 on the organisation of the judiciary and the provisions of the Code of Civil Procedure, the Second Civil Chamber shall adjudicate:
• appeals against judgments of the courts of appeal and other judgments in the cases provided for by law;
• appeals against non-final judgments or judicial acts of any kind which cannot be challenged in any other way and the course of the proceedings has been interrupted before the courts of appeal;
• appeals against judgments dismissing the application for referral to the Constitutional Court, delivered at last instance (where the judgment was delivered by the Second Civil Chamber of the High Court of Cassation and Justice, the appeal is heard by a different panel);
• applications for revision in the cases provided for by law;
• appeals for annulment;
• applications for transfer, for the reasons provided for in the Code of Civil Procedure;
• conflicts of jurisdiction, in the cases provided for by law;
• any other applications provided for by law.
According to the provisions of Art. 24 and Art. 25 of Law No. 304/2022 on the judicial organization, of the Code of Criminal Procedure and of Law No. 535/2004 on the prevention and combating of terrorism, as amended and supplemented, the Criminal Chamber shall decide:
• at first instance, trials and applications assigned by law to the jurisdiction of first instance of the High Court of Cassation and Justice;
• According to Article 40 of the Code of Criminal Procedure, the Criminal Division of the High Court of Cassation and Justice tries at first instance crimes of high treason, crimes committed by Romanian senators, deputies and members of the European Parliament, members of the Government, judges of the Constitutional Court, members of the Superior Council of Magistrates, judges of the High Court of Cassation and Justice and prosecutors of the Prosecutor's Office of the High Court of Cassation and Justice;
• According to Article 40 of Law 535/2004, the Criminal Chamber of the High Court of Cassation and Justice tries terrorism offences in the first instance.
• appeals against criminal judgments handed down at first instance by the courts of appeal and the Military Court of Appeal;
• appeals against criminal judgments delivered at first instance by the courts of appeal, the Military Court of Appeal and the Criminal Chamber of the High Court of Cassation and Justice;
• appeals against non-final judgments or judicial acts of any kind which cannot be challenged by any other means and the course of the proceedings has been interrupted before the courts of appeal;
• appeals in cassation against final judgments, under the conditions laid down by law;
• appeals against judgments rejecting the application for referral to the Constitutional Court for settling the objection of unconstitutionality delivered by the courts of appeal;
• referrals for a preliminary ruling on a question of law;
• applications for revision in the cases provided for by law;
• appeals for annulment in the cases provided for by law;
• applications for the reopening of criminal proceedings in the absence of the convicted person;
• applications for transfer from the competent court of appeal to another court of appeal;
• applications for the designation of another court to hear the case;
• conflicts of jurisdiction in cases where it is the superior court common to the conflicting courts;
• other cases provided for by law.
According to the provisions of Article 23 para. (1), para. (2) and para. (3), Art. 25 of Law No. 304/2022 on judicial organisation and the provisions of the Code of Civil Procedure, the Administrative and Tax litigation Chamber shall decide:
• appeals against judgments of the courts of appeal and other judgments in the cases provided for by law;
• appeals against non-final judgments or judicial acts of any kind, which cannot be appealed against by any other means, and the course of the proceedings has been interrupted before the courts of appeal;
• appeals against judgments dismissing the application for referral to the Constitutional Court, delivered at last instance (where the judgment was delivered by the Administrative and Tax litigation Chamber of the High Court of Cassation and Justice, the appeal is heard by a different panel);
• applications for review in the cases provided for by law;
• appeals for annulment;
• applications for transfer, for the reasons provided for in the Code of Civil Procedure;
• conflicts of jurisdiction, in the cases provided for by law;
• any other applications provided for by law.
The subject-matter jurisdiction of the Administrative and Tax litigation Chamber of the High Court of Cassation and Justice is determined primarily in accordance with the provisions of Article 10(2) of the Rules of Procedure. (1) of the Administrative Litigation Act No 554/2004, but also with other specific legal provisions which expressly provide for the jurisdiction of the Administrative Jurisdiction Court in various matters, either as an appeal court or as a court of first instance.
The Administrative and Tax litigation Chamber judges cases in panels of three judges, except for appeals brought under its jurisdiction in accordance with Article 15(1) (a) and (b). (18) of Law no. 136/2020 on the establishment of public health measures in situations of epidemiological and biological risk, which are heard by a panel of 5 judges, according to Art. 15 para. (19) of the same law.
According to the provisions of Article 27 of Law No. 304/2022, The High Court of Cassation and Justice is established in the United Chambers for the following:
• settlement, pursuant to the law, of complaints regarding modification of High Court of Cassation and Justice jurisprudence;
• notification of Constitutional Court for control of constitutionality of laws prior to issuing.
According to Article 29 para. (1) of Law no. 304/2022, at the end of each year or whenever necessary, the High Court of Cassation and Justice, in its United Chambers, shall determine the cases in which it is necessary to improve the legislation and communicate them to the Minister of Justice and to the two Chambers of Parliament.
Also within the High Court of Cassation and Justice the following panels are functioning:
• Panel for Appeal in the Interest of Law;
• Preliminary Ruling on Questions of Law;
• Panels of 5 judges.
The legal regulation of the competence of the Panel for Appeal in the Interest of the Law is provided by Article 97 point 2 and Articles 514 - Art. 518 of the Code of Civil Procedure, as well as by Article 40 para. (3) and Articles 471 - 4741 of the Code of Criminal Procedure.
In order to ensure uniform interpretation and application of the law by all courts, the Prosecutor General of the Public Prosecutor's Office attached to the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice, the Leading board of the High Court of Cassation and Justice, the Leading boards of the Courts of Appeal, as well as the People's Advocate have the duty to ask the High Court of Cassation and Justice to rule on questions of law that have been resolved differently by the courts.
An appeal in the interest of the law shall be admissible only if evidence is given that the points of law at issue have been decided differently by final judgments which shall be annexed to the application.
The decision is given only in the interest of the law and has no effect on the judgments under consideration or on the position of the parties in those proceedings.
The decision shall be published in the Official Gazette of Romania, Part I, and the resolution of the questions of law decided shall be binding from the date of publication of the decision in the Official Gazette of Romania.
The legal regulation of the jurisdiction in civil matter of the Panel for Preliminary Ruling on Questions of Law is provided by Article 97 point 3 and Articles 519 - 521 of the Code of Civil Procedure.
A referral to the High Court of Cassation and Justice for a preliminary ruling under Article 519 of the Code of Civil Procedure may be made only by a panel of the High Court of Cassation and Justice, the court of appeal or the tribunal, as last instance.
On the referral, the Panel for Preliminary Ruling on Questions of Law shall rule by decision only on the point of law in question.
The decision on questions of law is binding from the date of publication of the decision in the Official Gazette of Romania, Part I, and for the court that requested the decision, from the date of delivery of the decision.
The legal regulation of the jurisdiction in criminal matter of the Panel for Preliminary Ruling on Questions of Law is provided by Articles 475 - 4771 of the Code of Criminal Procedure.
A referral to the High Court of Cassation and Justice for a preliminary ruling under Article 475 of the Code of Criminal Procedure may be made only by a panel of the High Court of Cassation and Justice, the court of appeal or the tribunal, as last instance.
On the referral, the Panel for Preliminary Ruling on Questions of Law shall rule by decision only on the point of law in question.
The resolution of questions of law is binding for the courts from the date of publication of the decision in the Official Gazette of Romania, Part I.
According to Article 26 para. (1) and (2) of Law no. 304/2022 on judicial organization, the Panels of 5 judges shall decide upon:
• disciplinary cases according to the law;
• other cases given to them by law;
• appeals against decisions rejecting applications for referral to the Constitutional Court by the Criminal Division, when judging in first instance, or by another Panel of five judges.
In accordance with Article 51 para. (3), Article 52 par. (11) of Law no. 317/2004 on the Superior Council of Magistracy, republished, as subsequently amended and supplemented, and Article 136 para. (3), Article 410, Article 421 para. (2), Article 513 para. (6) of the Code of Civil Procedure, the Panels of 5 judges shall decide:
• appeal against decisions of the Superior Council of the Magistracy settling disciplinary proceedings;
• contestation against decisions of the Superior Council of Magistracy ordering the suspension of the magistrate from office, pending the final settlement of the disciplinary action;
• the conflict of jurisdiction between two chambers of the High Court of Cassation and Justice;
• appeal against a judgment waiving the right claimed, where the waiver takes place before a chamber of the High Court of Cassation and Justice;
• appeal against the decision finding the case to be out of time, where the case has been found to be out of time by a chamber of the High Court of Cassation and Justice;
• appeal against a judgment on review for adverse decisions, where the review has been decided by one of the chambers of the High Court of Cassation and Justice.
According to Article 24 para. (1) and (2) of Law no. 304/2022 on judicial organization, republished, as subsequently amended and supplemented, the Panels of 5 judges in criminal matter shall decide:
• appeals against judgments delivered in first instance by the Criminal Chamber of the High Court of Cassation and Justice;
• recourses in cassation against judgments delivered on appeal by Panels of 5 judges after admission in principle;
• contestations against judgments delivered in first instance by the Criminal Chamber of the High Court of Cassation and Justice;
• appeals against decisions rejecting applications for referral to the Constitutional Court by the Criminal Division, when judging in first instance, or by another Panel of five judges;
• other cases given to them by law.
In accordance with Article 2501 para. (2) of the Code of Criminal Procedure, the Panels of 5 judges in criminal matter decide on the appeal against the decision by which the Criminal Chamber of the High Court of Cassation and Justice, in first instance or on appeal, has taken a safeguard measure.
The management of High Court of Cassation and Justice is done by president, 2 vice-presidents and the leading board.
The general meeting of judges of High Court of Cassation and Justice is gathered for:
• approval of yearly activity report, which shall be made available to the public;
• approval of budget of the High Court of Cassation and Justice, with consultative approval of the Ministry of Public Finance;
• election of the 2 members for the Superior Council of Magistracy, pursuant to the law.
Pursuant to the Regulation on the administrative organization and functioning of the High Court of Cassation and Justice, republished, with subsequent modifications and completions, within the Supreme Court the following compartments are functioning:
• Department of legislation, studies, documentary and legal computing;
• Chancellery;
• Registry offices and archives;
• Economic-financial and administrative department;
• Information and public relations office;
• International relations compartment;
• Legal compartment;
• General archives compartment;
• Internal public audit compartment;
• Labor protection compartment;
• Classified documents compartment.
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