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Judiciary Of 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. 304/2004 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 O ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. 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 law in common law systems historically came from uncodified case law that arose 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, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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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 ( ro, Înalta Curte de Casație și Justiție) is Romania's supreme court, and the court of last resort. 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 ...
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Civil Law (area)
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be 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. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral 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 of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or 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 offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Constitutional Court Of Romania
The Constitutional Court of Romania ( ro, Curtea Constituțională a României) is the institution which rules on whether the laws, decrees or other bills enacted by Romanian authorities are in conformity with the Constitution of Romania, Constitution. It consists of nine members serving nine-year terms which cannot be extended, with three members each appointed by the President of Romania, President, the Senate of Romania, Senate and the Chamber of Deputies (Romania), Chamber of Deputies. Three members are renewed every 3 years. Powers According to the Article 144 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 of Romania, Parliament, by the Government of Romania, Government, the High Court of Cassation and Justice, Supreme Court of Justice, by a number of at least 50 Deputies or at le ...
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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 filed 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 (''french: ordre judiciaire'') are courts under TITLE VIII of Constitution of France separat ...
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Judiciary Of 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. 304/2004 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 O ...
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