According to the provisions of Article 520 para. (6)-(9) of the Code of Civil Procedure:
(6) The complaint shall be heard by a panel consisting of the President of the relevant chamber of the High Court of Cassation and Justice or a judge designated by him and 12 judges from that chamber. The President of the Chamber or, if this is not possible, the judge designated by him shall be the President of the panel and shall take the necessary measures for the random assignment of judges.
(7) After the formation of the panel as provided for in paragraph 6, the President of the panel shall designate a judge to draw up a report on the point of law to be decided. The judge designated as rapporteur shall not become incompatible.
(8) Where the point of law concerns the work of more than one Chamber of the High Court of Cassation and Justice, the President or, in his absence, one of the Vice-Presidents of the High Court of Cassation and Justice shall refer the case to the Presidents of the Chambers concerned for a decision on the point of law. In that event, the panel shall be composed of the President or, in his absence, the Vice-President of the High Court of Cassation and Justice, who shall preside over the panel, the Presidents of the Chambers concerned in the determination of the point of law, and five Judges from those Chambers designated at random by the President of the panel. After the formation of the panel, the president of the panel will designate a judge from each chamber to draw up the report. Rapporteurs are not incompatible.
(9) The provisions of paragraph. (8) shall also apply where the question of law does not fall within the jurisdiction of any chamber of the High Court of Cassation and Justice.
In accordance with the provisions of Article XIX of Law No. 2/2013 on some measures for the relief of the courts, as well as for the preparation of the implementation of Law No. 134/2010 on the Code of Civil Procedure:
(1) The provisions of Art. 520 para. (6) of Law No. 134/2010 on the Code of Civil Procedure, republished, shall apply to referrals filed in proceedings commenced as of 1 January 2019.
(2) Applications for a preliminary ruling on points of law, submitted in proceedings commenced from the date of entry into force of this Law until 31 December 2016, shall be heard by a panel consisting of the President of the relevant chamber of the High Court of Cassation and Justice or a judge designated by him/her and 8 judges of the relevant chamber. The President of the Chamber or, if this is not possible, the judge designated by him shall be the President of the panel and shall make the necessary arrangements for the random assignment of judges.
According to Article I para. (2) of Government Emergency Ordinance No. 95/2016 for the extension of certain deadlines, as well as for the introduction of measures necessary to prepare the implementation of certain provisions of Law No. 134/2010 on the Code of Civil Procedure, the provisions of Article XIX para. (2) of Law No 2/2013, as amended, shall also apply to proceedings commenced from 1 January 2017 up to and including 31 December 2018.
According to the provisions of Art. 476 para. (6) - (8) of the Code of Criminal Procedure:
(6) The complaint shall be heard by a panel consisting of the President of the relevant Chamber of the High Court of Cassation and Justice or a judge designated by him/her and 8 judges of the relevant chamber. The President of the Chamber or, if this is not possible, the judge designated by him shall be the President of the panel and shall take the necessary measures for the random assignment of judges.
(7) After the formation of the panel as provided for in paragraph 6, the President of the panel shall designate a judge to draw up a report on the point of law to be decided. The judge designated as rapporteur shall not become incompatible.
(8) Where the point of law concerns the work of more than one Chamber of the High Court of Cassation and Justice, the President or, in his absence, one of the Vice-Presidents of the High Court of Cassation and Justice shall refer the case to the Presidents of the Chambers concerned for a decision on the point of law. In that event, the panel shall be composed of the President or, in his absence, the Vice-President of the High Court of Cassation and Justice, who shall preside over the panel, the Presidents of the Chambers concerned in the determination of the point of law, and five Judges from those Chambers designated at random by the President of the panel. After the formation of the panel, the president of the panel will designate a judge from each chamber to draw up the report. Rapporteurs are not incompatible.
Pursuant to the provisions of Article 19 para. (4) of Law no. 304/2004 on the organisation of the judiciary, republished, as subsequently amended and supplemented, the appointment of judges to the composition of panels for the determination of questions of law is made according to the specialisation of the panels to which they belong. Pursuant to the provisions of Article 36 para. (4), second sentence, of the Regulation on the organisation and administrative functioning of the High Court of Cassation and Justice, republished, as subsequently amended and supplemented, where specialised panels have been set up within the Chamber, in accordance with Article 19 para. (3) of Law No 304/2004, the appointment, by drawing lots, shall be made in priority from among the judges forming the specialised panels in the area to which the question of law referred to the Court belongs.