Judgment Reviews Law at Romania
Romania's legal system provides mechanisms for judicial review of administrative decisions, ensuring that government actions comply with the law and respect individual rights. Here's an overview of how judicial review operates in Romania:
⚖️ Legal Framework
Romania's administrative justice is primarily governed by Law No. 554/2004 on Administrative Litigation, which outlines the procedures for challenging administrative acts and ensures the protection of legitimate interests against unlawful administrative actions.
🏛️ Administrative Courts and Jurisdiction
The administrative judiciary in Romania operates within the broader framework of the High Court of Cassation and Justice
Administrative and Tax Litigation Chamber:This chamber handles appeals against judgments from courts of appeal and other judgments in cases provided by law. It also addresses appeals against non-final judgments or judicial acts that cannot be appealed by other means, and when proceedings before courts of appeal have been interrupted
People’s Advocate (Ombudsman):The People's Advocate institution plays a significant role in administrative litigation. It can raise exceptions of unconstitutionality regarding laws and ordinances and may initiate administrative litigation actions on behalf of individuals whose rights have been violated
📝 Grounds for Judicial Review
in Romania can challenge administrative decisions on several ground:
Illegality When an administrative act contravenes the la.
Abuse of Power When an authority exceeds its legal power.
Violation of Rights When an act infringes upon fundamental right.
Procedural Irregularities When due process is not followed in decision-makin.tese principles ensure that administrative actions are lawful, reasonable, and fai.
⏳ Procedures and Deadlines
To initiate a judicial review in Romani:
Filing a Complaint Individuals must first seek reconsideration or appeal within the administrative hierarchy. If unresolved, they may proceed to the court.
Judicial Appeal if administrative recourse is denied or unaddressed, individuals can appeal to the administrative court.
High Court of Cassation and Justice Review Appeals on points of law from administrative courts are heard by the High Court of Cassation and Justic Specific deadlines for initiating judicial review may vary depending on the nature of the administrative act and the applicable legal provision.
The judiciary in Romania operates independently, with judges being subject only to the law. The High Court of Cassation and Justice oversees the administrative judiciary, ensuring consistency and adherence to legal standars.
🌍 Regional and International Oversight
As a member of the European Union, Romania is subject to European Union law, including the jurisdiction of the European Court of Justice. Additionally, individuals in Romania have access to the European Court of Human Rights for matters related to human rights violatins.
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