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Courts In Romania
The judiciary of Romania is organized as a hierarchical system of courts, with a civil law system. Provisions regarding its structure and organization are found in the Constitution and Law no. 304/2022 on judicial organization. The civil courts are organized as follows: *High Court of Cassation and Justice (''Înalta Curte de Casaţie şi Justiţie'') *15 Courts of Appeal (''curţi de apel'') *41 county courts and the Bucharest Municipal Court (''tribunale'') *188 Local courts (''judecătorii''). Each court is run by a court president, who is responsible for its management and public relations. Within most courts there are specialized sections or panels for civil and criminal cases, as well as other areas of the law. A number of specialized courts (''tribunale specializate'') also exist, such as the Argeș Commercial Court and the Braşov Family Court. The Constitutional Court of Romania acts as an independent constitutional jurisdiction and is not part of the ordinary court sy ...
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Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ...
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Constitution Of Romania
The current Constitution of Romania is the seventh permanent constitution in modern Romania's history. It is the fundamental governing document of Romania that establishes the structure of its government, the rights and obligations of citizens, and its mode of passing laws. It stands as the basis of the legitimacy of the Romanian government. Adopted on 21 November 1991, it was approved on 8 December 1991 in a national referendum and promulgated on the same day. The constitution was amended once by a referendum on 18 October 2003. The new text took effect on 29 October 2003. Structure The Constitution of 1991, as revised in 2003, contains 156 articles, divided into 8 titles: * Title I - General principles * Title II - Fundamental rights, liberties, and duties * Title III - Public authorities * Title IV - The economy and public finance * Title V - Constitutional Court * Title VI - Euro-Atlantic integration * Title VII - Revising the Constitution * Title VIII - Final and transi ...
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High Court Of Cassation And Justice
The High Court of Cassation and Justice () is Romania's supreme court. It is the equivalent of France's Cour de Cassation and serves a similar function to other courts of cassation around the world. Naming history It held various names during its existence: "Curtea Supremă" (Supreme Court) and "Tribunalul Suprem" (Supreme Tribunal) during the Communist period (1948–1952 and 1952–1989 respectively), and "Curtea Supremă de Justiție" (Supreme Court of Justice) from 1990 to 2003. The name "Înalta Curte de Casație și Justiție" was re-introduced in 2003, having been also used during the United Principalities (1862–1881) and Kingdom of Romania (1881–1947). Administration The court is led by a president, seconded by a vice-president and the leading council. Since September 2019, its president is Corina-Alina Corbu. The general assembly of the court's judges assigns two members for the Superior Council of Magistrature. The same assembly approves the annual activity ...
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Appellate Court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on ...
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Civil Law (area)
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, philosoph ...
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Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ...
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Constitutional Court Of Romania
The Constitutional Court of Romania () is the institution which rules on whether the laws, decrees or other bills enacted by Romanian authorities are in conformity with the Constitution. It consists of nine members serving nine-year terms which cannot be extended, with three members each appointed by the President, the Senate and the Chamber of Deputies. Three members are renewed every 3 years. Powers According to the Article 146 of the Constitution, the Constitutional Court exercises the following powers: * to adjudicate on the constitutionality of laws, before promulgation, upon notification by the President of Romania, by the President of either Chamber of Parliament, by the Government, the Supreme Court of Justice, by a number of at least 50 Deputies or at least 25 Senators, as well as, ''ex officio'', on initiatives to revise the Constitution * to adjudicate on the constitutionality of the Standing Orders of Parliament, upon notification by the President of either Chamber, ...
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Ordinary Court
Ordinary court or judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'specialized court' with limited jurisdiction over specific field of matters, such as intellectual property court. Due to its comprehensive feature, ordinary courts usually deal with civil case and criminal case, and treated as core part of conventional judiciary. Especially for common law countries, the term ''superior court'' is used for courts with general jurisdiction (regardless of instance level in chain of appellate procedure), compared to courts with limited jurisdiction over minor, petty cases such as ''small claims court''. Sometimes, the term ''ordinary court'' is referred to courts with regular procedure or composition, compared to an ''extraordinary court'' with irregular procedure or composition. Ordinary courts by country France In France, ordinary courts (') are courts under TITLE VIII of Constitution of France separated from administrative courts ...
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Bucharest
Bucharest ( , ; ) is the capital and largest city of Romania. The metropolis stands on the River Dâmbovița (river), Dâmbovița in south-eastern Romania. Its population is officially estimated at 1.76 million residents within a greater Bucharest metropolitan area, metropolitan area of 2.3 million residents, which makes Bucharest the List of cities in the European Union by population within city limits, 8th most-populous city in the European Union. The city area measures and comprises 6 districts (''Sectors of Bucharest, Sectoare''), while the metropolitan area covers . Bucharest is a major cultural, political and economic hub, the country's seat of government, and the capital of the Muntenia region. Bucharest was first mentioned in documents in 1459. The city became the capital in 1862 and is the centre of Romanian media, culture, and art. Its architecture is a mix of historical (mostly History of architecture#Revivalism and Eclecticism, Eclectic, but also Neoclassical arc ...
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Oradea
Oradea (, , ; ; ) is a city in Romania, located in the Crișana region. It serves as the administrative county seat, seat of Bihor County and an economic, social, and cultural hub in northwestern Romania. The city lies between rolling hills on the Crișana plain, on both banks of the Crișul Repede river. The city lies about from the Hungarian border. Oradea is Romania's List of cities and towns in Romania, ninth most populous city (as of 2021 Romanian census, 2021). It covers between the Apuseni Mountains and the Crișana-Banat plain. Oradea is known for its high standard of living and is frequently ranked among Romania's most liveable cities. It is the region's major industrial and economic hub, and hosts several of the country's major industrial enterprises. The city is also renowned for its striking Art Nouveau architecture and is a member of the Réseau Art Nouveau Network and the Art Nouveau European Route. Etymology The Romanian name ''Oradea'' originates from the cit ...
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Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) ( or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016, it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning 'of its own kind', and is a supranational institution. The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights h ...
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