The legal system

08.02.2013 ZF English
Broadly, the Romanian legal system stems from the Roman branch of la, b!t it is also
"artly infl!enced by the #nglo$%a&on branch. Romanian legislation has mostly been
bro!ght into line ith E' la, as "art of the E' accession "roced!re.
The (onstit!tion
The Romanian (onstit!tion too) effect in *ecember 1++1 and as re,ised in 2003, in
"re"aration for E' accession. The (onstit!tion "ro,ides strong s!""ort for the
f!ndamental "rinci"les of "ri,ate "ro"erty and free mar)et e&change, as ell as e&"licit
limitation and control of "oers ,ested in "!blic a!thorities. The amendments made in
2003 incl!de the g!arantee of "ri,ate "ro"erty as ell as recognition of the rights of
foreign citi-ens and stateless "ersons to "ri,ately on land in Romania !nder certain
conditions, as ell as by ay of laf!l inheritance.
(iti-ens. rights and d!ties set o!t in the (onstit!tion are generally ty"ical of those
a""lying in democratic co!ntries, s!ch as freedom of s"eech, freedom of religion and
mo,ement as ell as "rotection against arbitrary arrest and im"risonment. The
(onstit!tion states that citi-ens of national minorities ith a significant "o"!lation in
local administrati,e !nits are entitled, !nder s"ecial circ!mstances, to !se their mother
tong!e in their relations ith local "!blic administration a!thorities and local "!blic
ser,ice "ro,iders. The constit!tionality of "arliamentary legislation /i.e. las,
"arliamentary reg!lations and go,ernment ordinances0 and international treaties and1or
agreements is s!b2ect to control by the (onstit!tional (o!rt.
Body of 3as
(i,il 3a
The 4e (i,il (ode came into force on 1 5ctober 2011, re"lacing the former code that
as ado"ted in 1867, based on 4a"oleon8s (i,il (ode of 1807. The c!rrent (i,il (ode is
based on m!lti"le so!rces of ins"iration from many systems of la, e.g., ci,il codes of
France, 9taly, :!ebec, %it-erland. The 4e (i,il (ode reg!lates for the first time
certain instit!tions, s!ch as tr!sts, "arties8 "ermission to set "rescri"tion terms for their
obligations, etc., and modifies the effects of certain legal actions.
The 4e (i,il (ode re"eals the distinction beteen ci,il and commercial matters,
encom"assing reg!lations for legal entities insofar as their establishment and o"eration
are concerned along ith other im"ortant commercial r!les.
Romanian la also closely follos the "ro,isions of the ;ene,a (on,ention of 1+30
ith res"ect to negotiable instr!ments s!ch as chec)s, drafts1bills of e&change and
"romissory notes. %ince 1+8+, Romania has e&tensi,ely e&"anded its body of las
concerning ci,il and commercial matters to ens!re greater fle&ibility in the co!ntry8s
"ri,ate la system and to ada"t it to the mar)et economy.
Besides the ne (i,il (ode, a ne (i,il <roced!re (ode has been ado"ted, effecti,e as
from 1= Febr!ary 2013. This ne code incl!des significant amendments to the
"roced!ral "ractices reg!lated by the former code, aiming to im"ro,e efficiency and the
s"eed of legal "roceedings. %ignificant amendments incl!de> /i0 #mendments to co!rts8
2!risdiction /ii0 E&tension of the second1final a""eal terms to 30 days, /iii0 (om"!lsory
enforcement cases, ith the "ossibility for ,ario!s categories of creditors, e&"ressly
"ro,ided !nder la, to inter,ene in the rele,ant "roced!re initiated by another creditor
/i,0 ?andatory attendance by the "arties to se,eral ty"es of ci,il litigation cases at a
meeting before an a!thori-ed mediator, to be informed abo!t the ad,antages of settling
the dis"!te by resorting to mediation, etc.
(riminal 3a
The ne (riminal (ode /3a 2861200+0 creates a more coherent legal frameor) by
a,oiding d!"lication of r!les thro!gh norms set o!t !nder both the c!rrent criminal code
and the s"ecial las, hile trans"osing the reg!lations ado"ted at E!ro"ean 'nion le,el
into national criminal legislation, th!s harmoni-ing it ith the systems e&isting in other
E!ro"ean 'nion member states. This ne (riminal (ode is to come into force on 1
Febr!ary 2017.
The ne (riminal <roced!ral (ode, ado"ted !nder 3a 13=12010 ill also come into
force on 1 Febr!ary 2017. 9ts reg!lations are intended to red!ce the length of trials,
sim"lify criminal 2!dicial "roced!res, and "rotect f!ndamental h!man rights, obser,ing
the "rinci"les of fair criminal trial in line ith international standards and the
re@!irements of E!ro"ean (o!rt of A!man Rights case$la.
B!dicial %ystem
#ccording to the (onstit!tion and the (i,il <roced!re (ode, the Romanian 2!dicial
system com"rises> local co!rts /2!decatorii0, trib!nals /trib!nale0, co!rts of a""eal /c!rti
de a"el0 and the Aigh (o!rt of (assation and B!stice. 3ocal co!rts and trib!nals act in
first instances de"ending on the ty"e and ,al!e of the dis"!te, hile the co!rts of a""eal
2!dge first or final a""eals. The Aigh (o!rt of (assation and B!stice is Romania8s
s!"reme co!rt. 9t deals ith second a""eals, as ell as ha,ing a rele,ant role in
inter"reting the !nitary a""lication of legislation at national le,el.
The (o!rt of #cco!nts /(!rtea de (ont!ri0 is the s!"reme financial reg!latory instit!tion
in the field of "!blic finance. 9t "erforms its f!nctions inde"endently, !nder the
s!"er,ision of the Romanian <arliament. The main d!ty of the (o!rt of #cco!nts is to
,erify the creation, administration and !se of the financial reso!rces of the %tate and the
"!blic sector. (!rrently, this instit!tion does not ha,e any 2!risdictional role.
(ommercial #rbitration
Romania is a signatory "arty to the 4e Cor) (on,ention of 1+=8 on the recognition and
enforcement of foreign arbitration aards. The 9nternational (ommercial #rbitration
(o!rt f!nctions in B!charest and a""lies r!les similar to the #rbitration R!les or r!les
agreed by the litigating "arties. #rbitration in Romania is reg!lated by the ne (i,il
<roced!re (ode. The ne "ro,isions are better ad2!sted to the c!rrent re@!irements on
arbitration initiation and organi-ation, im"osed by E!ro"ean 'nion legislation.
Recognition and enforcement of foreign co!rts8 decisions
%ince Romania8s accession to the E!ro"ean 'nion on 1 Ban!ary 200D, the recognition
and enforcement of foreign 2!dgments de"ends on hether they ha,e been made inside or
o!tside the E!ro"ean 'nion.
B!dgments gi,en in ci,il and commercial matters in another E' member state are
recogni-ed in Romania in accordance ith (o!ncil Reg!lation 7712001 on 2!risdiction
and the recognition and enforcement of 2!dgments in ci,il and commercial matters as
ell as (o!ncil Reg!lation 80=12007 creating a E!ro"ean enforcement order for
!ncontested claims. # 2!dgment made in an E' ?ember %tate, enforceable in that state is
also enforceable in Romania, s!b2ect to f!lfilment of certain s"ecific "roced!res.
The "roced!re for recognition and enforcement of 2!dgments made in a non$E' co!ntry
is set o!t !nder the s"ecific "ro,isions on international "ri,ate la !nder the ne (i,il
(ode and (i,il <roced!re (ode. 'nder these legal "ro,isions, Romanian co!rts may not
e&amine a case or amend foreign aards iss!ed by foreign 2!dicial or arbitration co!rts.
# Romanian co!rt may only ,erify the f!lfilment of the conditions for recognition or
enforcement of s!ch aards.