ROMANIA Law and Practice Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
1. General 1.1 General Characteristics of the Legal System In Romania, the legal system is based on civil law and follows an inquisitorial model in which the court plays an active role in the investigation of the case and is able to ask questions of the parties, decide on the necessity of particular evidence, invoke procedural incidents, etc. The court is also responsible for lead- ing the hearings. The proceedings include a written phase followed by an oral phase. 1.2 Court System The Romanian court system comprises the following subdivisions: • the first courts (located in the main towns); • the tribunals (located in every county); • the Court of Appeal (corresponding to larger regions); and • the High Court of Cassation and Justice (the high- est jurisdiction in Romania). Depending on its nature or size, a claim may be set- tled by any of these courts in the first instance, except for the High Court of Cassation and Justice, which is solely an appellate court (with some exceptions for special matters). Most of the courts have different divi- sions corresponding to general subject matter catego- ries (eg, civil, administrative and criminal). Specialised courts, as well as specialised sections within the courts, exist for matters such as labour law, administrative and fiscal law, and insolvency. The Romanian judicial system does not recognise the procedure of inadmissibility, which means that a legal action must undergo a review once it has been reg- istered with the courts. The initial review is primarily procedural, during which the judge verifies whether the required fees have been paid and whether the claim complies with formal requirements (signatures, identification of parties, etc). If any deficiencies are identified, the claimant is instructed to rectify them.
After this initial procedural check, the claim is served to the defendant, who is typically required to submit a statement of defence within 25 days (although this deadline may vary depending on the stage of pro- ceedings or the type of case). The claimant may then submit a reply within ten days, and within three days of receiving the reply the judge is obliged to set a date for the first hearing, which must take place no later than 60 days after the issuance of the resolution. As a result, depending on the caseload of the court where the action was filed, it can take approximately six months from the date of filing to the date of the first hearing. 1.3 Court Filings and Proceedings As a rule, court hearings are held in public sessions. In particular cases, the law provides that some types of claims are to be settled only in the presence of the parties. In addition, following a well-grounded request from a party, the court itself may instruct that hearings are to be held in the presence of the parties alone. Court documents are only available to the parties in the trial and their representatives. Under specific con- ditions provided by law, members of the press or third parties may study court documents, if they prove they There are no particular requirements for legal repre- sentatives appearing before Romanian courts; they have rights of audience before any type of court. The members of a foreign Bar may provide legal coun- sel on Romanian law after undertaking an exam on the Romanian law and language, organised by the National Association of Romanian Bars. A foreign lawyer practising law in Romania is obliged to regis- ter with the special table of each local Bar associa- tion. However, a foreign lawyer does not have rights of audience before Romanian courts, except in cases of international arbitration courts. have an interest in relation to the file. 1.4 Legal Representation in Court
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