High Court of Cassation and Justice of Romania

The Panels of 5 judges in civil matter

According to Article 26 of Law no. 304/2022 on judicial organization, the Panels of 5 judges shall decide:

• disciplinary cases according to the law;
• other cases given to them by law;
• appeals against decisions rejecting applications for referral to the Constitutional Court by another Panel of 5 judges.

 

In accordance with Article 51 para. (3), Article 52 par. (2) of Law no. 305/2022 on the Superior Council of Magistracy and Article 136 para. (3), Article 410, Article 421 para. (2), Article 513 para. (6) of the Code of Civil Procedure, the Panels of 5 judges shall decide:

• appeal against decisions of the Superior Council of the Magistracy settling disciplinary proceedings;
• contestation against decisions of the Superior Council of Magistracy ordering the suspension of the magistrate from office, pending the final settlement of the disciplinary action;
• the conflict of jurisdiction between two chambers of the High Court of Cassation and Justice;
• appeal against a judgment waiving the right claimed, where the waiver takes place before a chamber of the High Court of Cassation and Justice;
• appeal against the decision finding the case to be out of time, where the case has been found to be out of time by a chamber of the High Court of Cassation and Justice;
• appeal against a judgment on review for adverse decisions, where the review has been decided by one of the chambers of the High Court of Cassation and Justice.

 

The Panels of 5 judges in criminal matter

According to Article 26 of Law no. 304/2022 on judicial organization, the Panels of 5 judges in criminal matter shall decide:

• appeals against judgments delivered in first instance by the Criminal Chamber of the High Court of Cassation and Justice;
• recourses in cassation against judgments delivered on appeal by Panels of 5 judges after admission in principle;
• contestations against judgments delivered in first instance by the Criminal Chamber of the High Court of Cassation and Justice;
• appeals against decisions rejecting applications for referral to the Constitutional Court by another Panel of 5 judges;
• other cases given to them by law.

 

In accordance with Article 250¹ para. (2) of the Code of Criminal Procedure, the Panels of 5 judges in criminal matter decide on the appeal against the decision by which the Criminal Chamber of the High Court of Cassation and Justice, in first instance or on appeal, has taken a safeguard measure.