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Înalta Curte de Casație și Justiție a României
Civil Section
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Second Civil Section
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Panel of 9 Judges
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Versiunea în limba română

High Court of Cassation and Justice

Presentation | Jurisdictional | Contacts | Links

Presentation


According to article 18 of Law 304/2004 on the judicial organization, in Romania is functioning only one supreme instance, called the High Court of Cassation and Justice, with legal personality and the seat in the capital of the country. The High Court of Casstion and Justice is the instance supreme in the judicial instances hierarchy of Romania and has in principal the competence to try the appeal in cassation and to ensure the unitary interpretation and application of the law by the other law courts.

On the ground of the new law of the judiciary organization, no. 304/2004, The High Court of Cassation and Justice is organised into:

  • The Civil Section and Intellectual Property,

  • The Criminal Section,

  • The Commercial Section,

  • The Section for Contentious Administrative and Fiscal Business,

  • 4 panels of 5 judges and

  • The Joint Sections.

The Sections of the High Court of Cassation and Justice try judicial review against decisions handed down by the courts of appeal and against other decisions, and the Criminal Section shall try, in first instance, trials and requests assigned by the law to the competence of first instance of the High Court of Cassation and Justice. In the same time, the Sections of the High Court of Cassation and Justice, according to their competence, solve:

  • requests for transfer of causes from one court to another, for the reasons provided in the procedure codes;

  • conflicts of competence, in the cases provided in the law;

  • appeals lodged against non-final decisions or court acts, of any kind, which may not be appealed against by any other means, and whose course has been interrupted before the courts of appeal;

  • any other requests provided in the law.

The panels of 5 judges solve appeals and requests in the cases tried in first instance by the Criminal Section of the High Court of Cassation and Justice and other causes assigned to it by the law, and acts also as a disciplinary court. The High Court of Cassation and Justice is reunited in Joint Sections for:

  • solving, according to this law, notifications on changes in the case law of the High Court of Cassation and Justice;

  • notifying the Constitutional Court in view of checking the constitutionality of laws before their promulgation.

In base of art. 329 from Code of Civil Procedure and art. 4142 from Code of Criminal Procedure: To ensure uniform interpretation and application of the law by all courts, the Attorney General of the Prosecuting Magistracy affiliated to the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice, the Directing College of the High Court of Cassation and Justice, the Directing Colleges of the courts of appeal, and the Ombudsman have the duty to ask the High Court of Cassation and Justice to rule on questions of law which have been resolved differently by courts.


According to the Regulation on the administrative organization and functioning of the High court of Cassation and Justice, within its frame the following compartments are functioning:

  • The Direction for Legislation, Studies, Documentation and IT;

  • The Clerk's office;

  • The Economic-Financial and Administrative Department;

  • The International Relations Office;

  • The Compartment of the Internal Public Audit.

The Board of the High Court of Cassation and Justice is represented by: The President, The deputy-president, The Directing College. Within the frame of the High Court of Cassation and Justice, the general assembly of the judges meets in order:

  • to approve the annual activity report, which shall be published;

  • to approve the budget of the High Court of Cassation and Justice, with the consultative endorsement of the Ministry of Public Finance;

  • to elect the 2 members for the Superior Council of the Magistracy, according to the law.


Jurisdictional functions


In a larger sense, the High Court of Cassation and Justice, according provisions of the Constitution and of its own organic law has in view the correct and unitary application of laws by all the other courts: courts of first instance, Tribunals and Courts of Appeal.


On jurisdictional level, the role of the Court is carried out: through the decisions pronounced by the Court in settlement of the recourse in the interest of law - concerning legal matters differently solved by the courts; through the decisions pronounced in settlement of the recourse actions for cancellation - declared against final judgments (preponderantly criminal) affected by severe errors as well as through the decisions settling common recourses declared by the parties in the most complex cases tried by Tribunals in first instance and in appeal by the Courts of Appeal.


In many of the cases brought to its jurisdiction, the High Court of Cassation and Justice has delivered sentences in favor of observance of human rights established in the international treaties and conventions, having correspondent in all legal domains: civil one (right of property, labor right, trade-union rights, family rights and others); commercial one (real rights and other rights deriving from the right of association and judicial relations having commercial character); in contentious administrative matter (the fundamental rights infringed by acts pertaining to administrative bodies) and in criminal law matter (right to life, to liberty, to person's security, to honor and to inviolability of correspondence etc.).


All the courts making up the judiciary are bound to assure observance of the mentioned rights at each of the jurisdiction levels (trial in first instance, in appeal and recourse).


The High Court of Cassation and Justice holds, yet, a special role, from at least two points of view: firstly, it is the last forum beyond which an injustice can't be any more repaired; under the system of powers separation in State, the decisions of the Court constitutes the last word in a process, a fact implying a high responsibility; secondly, the Court is the supreme jurisdictional authority which has to assure an unitary application of the laws by all the other judicial courts, a function meant, among others, to remove any discriminating treatment, thus being the only way to assure, on judicial levels, the equality of all persons.


In criminal cases, for instance, attention is focused on defense of the accused rights and, at the same time, on assurance of moral or material redresses owed to the injured person.


Mostly, by successive legislative measures, the internal provisions of criminal - material and procedural - law have been adjusted with the stipulations of the international treaties and conventions; the provisions constituting limitations in the exercise of certain rights have been abrogated; facts with no real social danger have been taken out of discrimination; sentences for some very severe offenses have become heavier, and amendments have been brought to the legislation especially in the domain concerning defense of the accused; thus, at present, measures of criminal charge, especially those referring to liberty, taken during criminal prosecution, are under the control of judicial court with the assurance of an effective defense throughout whole prosecution and trial process.


Concerning the role of the High Court of Cassation and Justice in the correct and unitary application of the law by all the other courts, an important place is held by the jurisprudence of the Court; for being acquainted with this jurisprudence, the decisions of the Court - in brief or "in extenso" - are periodically submitted to all the Courts and public prosecution's departments as well as to the magazines of specialty, and yearly a widespread bulletin is published comprising judgments concerning the most recent and important legal solutions.


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