| About Romania - Laws, Regulations and Standards |
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The modern legal system in Romania dates back to the mid-19th century. The Romanian justice system is based on French, Belgian, Italian and German models.
To fulfill its responsibility for the functioning of the courts and the supervision of state marshals, state notaries, and the national bar organization, the Ministry of Justice was divided into six directorates:
- civil courts
- military courts
- studies and legislation
- personnel
- administration
- planning and accounting.
The 1992 law on reorganization of the judiciary established a four-tier legal system, including the reestablishment of appellate courts, which existed prior to Communist rule in 1952. The four tiers consist of courts of:
- first instance Courts
- intermediate appellate level courts
- a Supreme Court
- a Constitutional Court.
The court system also includes military courts. Military courts were established on a territorial basis, subdivisions being determined by the Council of Ministers.
Under the law, the courts are independent of the executive branch. The constitution vests authority for selection and promotion of judges in the Ministry of Justice. Judges are appointed for life by the president upon recommendation from a panel of judges and prosecutors selected by parliament.
The Ministry of Justice exercises powers related to administration of the justice system, execution of punishments, as well as in connection with the activity of the Public Ministry, based on strict application of the laws and in keeping with the democratic principles of the rule of law, ensuring adequate conditions for the entire justice system.
The Romanian Constitution reinstated the Superior Council of the Magistracy, a body of the judicial authority with management powers and disciplinary jurisdiction. Its members are elected directly from the general assemblies of the magistrates by court levels, their list being forwarded through the permanent offices of the Chamber of Deputies and the Senate to the legal commissions with a view to hearings in a joint session. Subsequently, the list of candidates is put to the vote in a joint session of the two chambers of Parliament.
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