Romanian law has evolved quite a bit in the last few years primarily to be in compliance with European Community Legislation.  The most recent constitution of Romania was adopted on November 21, 1991, after the fall of the Communist government and defining the government as a republic. It was amended by referendum on October 18, 2003, in which articles were included to integrate into the European Union and NATO and adds provisions which allow minorities the right to use their native language when dealing with local government and Romanian courts.

The Romanian constitution provides that the president (Președintele României) can serve up to two four-year terms. The Romanian president represents Romania in domestic and foreign relations, the constitution is followed and assured the proper functioning of state institutions and guarantees the Romanian state’s independence.

A prime minister (Prim-ministrul Guvernului României) is nominated by the Romanian president, and a vote by parliament approves the nomination and can dismiss the prime minister and other ministers. The Prime Minister submits to the legislature reports on government policy and potential legislation which is debated.   The Prime Minister directs the internal policy of Romania and government administration.

The Romanian constitution provides for a national bicameral legislation or parliament (Parlamentul României).  It serves as “the supreme representative organ of the Romanian people and the sole lawmaking authority”.  The Romanian parliament consists of the Chamber of Deputies (Camera Deputaților) and the Senate (Senat)  and each chamber is elected for four years.

The Romanian judiciary is organized in a hierarchical system of courts, within a civil law system. Provisions regarding the structure and organization of the Romanian court are found in the Constitution and Law no. 304/2004 on judicial organization and subsequent amendments and updates, especially with the introduction of the 2011 Civil Code, the 2013 Civil Procedure Code and the 2014 Penal and Penal Procedure Codes. There is also a military court system.

The Romanian civil courts are organized as follows:

  1. The High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie) is a court of last resort.
  2. 15 Courts of Appeal (curţi de apel)
  3. 41 county courts and the Bucharest Municipal Court (tribunale)
  4. 188 Local courts (judecătorii).
  5. Specialized courts (tribunale specializate) including the Argeș Commercial Court and the Braşov Family Court.

The Romanian criminal courts are governed by the Penal Code of Romania (Codul penal al României) which came into effect February 1, 2014 and contains 446 articles which govern the following issues:

  1. The National boundaries of criminal law
  2. What types of crimes that fall under the penal code, and
  3. The amount of judicial discretion is granted through prescribed minimum and maximum sentences. 

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