Judiciary of Romaia

The judiciary of Romaia is a system of courts that interpret and apply the law in the Romaian Empire. In Romaia, judges are public officials and, since they exercise one of the sovereign powers of the State, only Romaian citizens are eligible for judgeship. In order to become a judge, applicants must obtain a degree of higher education as well as pass written and oral examinations. However, most training and experience is gained through the judicial organization itself. The potential candidates then work their way up from the bottom through promotions.

Romaian's independent judiciary enjoys special constitutional protection from the executive branch. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted in due process before the High Council of the Judiciary.

The structure of the Romaian judiciary is divided into three tiers: inferior courts of original and general jurisdiction, intermediate appellate courts which hear cases on appeal from lower courts, and courts of last resort which hear appeals from lower appellate courts on the interpretation of law.

Law

Main article: Law of Romaia

The Romaian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source (hierarchy of sources).

The Constitution of 1967 is the main source. The Romaian Civil code is based on codified Roman law.

Both the civil code and the penal code have been modified in order to be in conformity with the current democratic constitution.

Judicial stream

Further information: Law of Romaia

The Romaian judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the civil law, the criminal law and the administrative law in legal cases.

The structure of the Romaian judiciary is divided into three tiers. Inferior courts of original and general jurisdiction, intermediate appellate courts which hear cases on appeal from lower courts, and courts of last resort which hear appeals from lower appellate courts on the interpretation of law.<

Justice of the Peace

Romaian Court system

The justice of the peace or judge of the peace is the court of original jurisdiction for less significant civil matters.

Tribunal

The tribunal is the court of general jurisdiction for civil matters. Here, litigants are statutorily required to be represented by a Romaian barrister, or δικιγορος. It can be composed of one judge or of three judges, according to the importance of the case. When acting as Appellate Court for the Justice of the Peace, it is always composed of only one Judge.

Divisions and Specialized Divisions

Labour tribunal: hears disputes and suits between employers and employees (apart from cases dealt with in administrative courts, see below). A single judge presides over cases in the tribunal. Land estate court: the specialized section that hears all agrarian controversies. Cases in this court are heard by two expert members in agricultural matters.

Family Proceedings Court: the specialized section that hears all cases concerning minors, such as adoptions or emancipations; it is presided over by two professional judges and two lay judges.

Court of Appeal

The Court of Appeal has jurisdiction to retry the cases heard by the tribunale as a Court of first instance and is divided into three or more divisions: labour, civil, and criminal. Its jurisdiction is limited to a territorial constituency called a "district". The judgments of the court of appeal can be appealed with a Supreme Court of Cassation appeal.

Supreme Court of Cassation

Main article: Supreme Court of Cassation (Romaia)

The Supreme Court of Cassation is the highest court of appeal or court of last resort in Romaia. It has its seat in the Palace of Justice, Constantinoupoli. The Court of Cassation also ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case.

Court of Assizes

The Court of Assizes has jurisdiction to try all crimes carrying a maximum penalty in prison. These are the most serious crimes, such as terrorism and murder. Also slavery, killing a consenting human being, and helping a person to commit suicide are serious crimes that are tried by this court. Penalties imposed by the court can include life sentences.

Court of Assize Appeal

The Court of Assize Appeal judges following an appeal against the sentences issued in the first instance by the assize court or by the judge of the preliminary hearing who has judged in the forms of the summary judgment on crimes whose knowledge is normally devolved to the court of assizes. An appeal is made to the Supreme Court of Cassation against its sentences. The Court of Assize Appeal is made up of two professional judges and eight lay judges.

Regional administrative court

The Regional administrative court is competent to judge appeals, brought against administrative acts, by subjects who consider themselves harmed (in a way that does not comply with the legal system) in their own legitimate interest. These are administrative judges of first instance, whose sentences are appealable before the Council of State. For the same reason, it is the only type of special judiciary to provide for only two tiers of judgment.

Council of State

Main article: Council of State (Romaia)

The Council of State is, in the Romaian legal system, a body of constitutional significance. Provided for by the Constitution, which places it among the auxiliary organs of the government, it is a judicial body, and is also the highest special administrative judge, in a position of third party with respect to the Romaian public administration.