Under art. 20 of Law no. 304/2022 on judicial organization, republished, with subsequent amendments and completions, 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. The expenses necessary for the operation of the High Court of Cassation and Justice are financed from the state budget.
The judicial organization represents the set of principles and rules that govern the functioning of courts and prosecutors’ offices in judicial activity, in order to guarantee compliance with the Constitution of Romania, republished, and the realization of the fundamental rights and freedoms of the person through the administration of justice as a public service.
Justice is administered by judges in the name of the law, it is unique, impartial and equal for all.
The prosecutor’s offices work alongside the courts, lead and supervise the criminal investigation activity of the judicial police, in accordance with the law.
The Ministry of Justice contributes to the good organization and administration of justice as a public service and exercises the powers of the central authority in the field of international judicial cooperation, within the limits of the powers provided by law in its charge. The Minister of Justice exercises the constitutional authority under which prosecutors carry out their activity, within the limits of the powers provided by law in his charge.
- Any person may turn to justice for the defense of his rights, freedoms and legitimate interests in the exercise of his right to a fair trial.
- Access to justice cannot be restricted.
- All persons have the right to a fair trial and to the resolution of cases within a reasonable time, by an impartial and independent court, established according to the law.
- The judicial procedure is carried out in the Romanian language. The right to defense is guaranteed. Throughout the process, the parties have the right to be represented or, as the case may be, assisted by a defense counsel, chosen or appointed ex officio, according to the law.
The Constitution of Romania
CHAPTER VI
Judicial authority
SECTION 1
Courts of law
Administration of justice ARTICLE 124
(1) Justice shall be rendered in the name of the law.
(2) Justice shall be one, impartial, and equal for all.
(3) Judges shall be independent and subject only to the law.
ARTICLE 125
Statute of judges
(1) The judges appointed by the President of Romania shall be irremovable, according to the law.
(2) The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall only be within the competence of the Superior Council of Magistracy, under the terms of its organic law.
(3) The office of a judge shall be incompatible with any other public or private office, except for academic activities.
ARTICLE 126
Courts of law
(1) Justice shall be administered by the High Court of Cassation and Justice, and the other courts of law set up by the law.
(2) The jurisdiction of the courts of law and the judging procedure shall only be stipulated by law.
(3) The High Court of Cassation and Justice shall provide a unitary interpretation and implementation of the law by the other courts of law, according to its competence.
(4) The composition of the High Court of Cassation and Justice, and the regulation for its functioning shall be set up in an organic law.
(5) It is prohibited to establish extraordinary courts of law. By means of an organic law, courts of law specialized in certain matters may be set up, allowing the participation, as the case may be, of persons outside the magistracy.
(6) The judicial control of administrative acts of the public authorities, by way of the contentious business falling within the competence of administrative courts, is guaranteed, except for those regarding relations with the Parliament, as well as the military command acts. The administrative courts, judging contentious business have jurisdiction to solve the applications filed by persons aggrieved by statutory orders or, as the case may be, by provisions in statutory orders declared unconstitutional.
ARTICLE 127
Publicity of debates
Proceedings shall be public, except for the cases provided by law.
ARTICLE 128
Use of mother tongue and interpreter in court
(1) The legal procedure shall be conducted in Romanian.
(2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts of law, under the terms of the organic law.
(3) The ways for exercising the right stipulated under paragraph (2) , including the use of interpreters or translations, shall be stipulated so as not to hinder the proper administration of justice and not to involve additional expenses to those interested.
(4) Foreign citizens and stateless persons who do not understand or do not speak the Romanian language shall be entitled to take cognizance of all the file papers and proceedings, to speak in court and draw conclusions, by means of an interpreter; in criminal law suits, this right is ensured free of charge.
ARTICLE 129
Use of appeal
Against decisions of the court, the parties concerned and the Public Ministry may exercise ways of appeal, in accordance with the law.
ARTICLE 130
Police in the courts
Courts of law shall have police forces at their disposal.
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