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WG Independence-Efficiency > Meetings > Würtzburg 2007 > Questionnaire on the Independence and Efficiency of administrative Justice : Romania

Questionnaire on the Independence and Efficiency of administrative Justice : Romania

I./ Personal Independence of the administrative Judge: 

Indicate the ways in which judges are selected/appointed for/to administrative Justice as well as the terms and nature of the judicial selection/appointment:

Describe the selection/appointment procedure that is applied in your country 
In Romania the administrative justice is integrated into the national justice system. There are no separate administrative courts. At the upper courts (tribunals – county courts, courts of appeal and the High Court for Cassation and Justice) are functioning special sections for administrative litigation or at least specialised panels.
As a consequence, the recruitment procedure is the same for every judge. 
To become a judge, a person must fulfil the following conditions: Romanian citizenship, civil capacity, law university degree, no criminal or fiscal records, Romanian language, medical and psychological capacity to act as a judge.
The common procedure is the appointment after the graduation of the National Institute for Magistrates. After two years of classes within the Institute the future magistrates (judges and prosecutors) have to pass the final exam and according to their results they are appointed to different local courts (“judecatoria” – the first level court which is present in every city in Romania).
These magistrates are appointed as interim judges and after 1 year they have to pass the capacity exam to become a definitive judge.
In particular cases, some persons having at least 5 year experience in juridical area and good reputation can be appointed as judges if they pass the exam organised by the National Institute for Magistrates under the supervision of the Superior Council of Magistracy. 
Also, the persons acting at least 10 year as lawyer or assistant-magistrate within the High Court of Cassation and Justice can be appointed as judges after they are interviewed by the Superior Council of Magistracy. 
The judges functioning within the local courts have the possibility, after some time, to apply for the exam in order to function to the upper court, depending on the number of available functions at the upper court. The exams are organised at the national level by the Superior Council of Magistracy and the National Institute for Magistrates.
The specialisation of judges starts at the county courts level.
The judges are appointed by decree issued by the President of Romania based on the proposals of the Superior Council of Magistracy, excepting the interim judges which are appointed by the Superior Council of Magistracy.
Every court is directed by a judge-president appointed by the Superior Council of Magistracy. The Court activities are supervised by the College of Court – composed by a different number of judges from that court elected by the judges functioning within that court.


What are the terms of this procedure? 
See 1.1.
Is there specific professional background such as previous work record in the administration or general legal training included? 

What are the possible contents examined during this procedure? 
There is a professional examination – various types of legal areas: civil, commercial, criminal, legal procedures, human rights, etc. In the mean time, the candidates for the National Institute for Magistrates have to pass the medical and the psychological exam.


Who meets the decisions in the course of the selection/appointment procedure and who selects and appoints the aforementioned decision –makers?
See 1.1.


Does the law provide for judicial remedies against decisions concerning appointment/selection?
Yes. Every candidate is able to ask the re-examination of his results. In case of dismissal, the candidate is able to file a complaint according to the common procedure.


Does there exist any difference in the way the selection/appointment of judges of the civil/penal courts takes place?
No. See 1.1.


Is it possible for “external candidates” to be appointed as judges at different court levels and instances?
Yes. See 1.1.


Are those legal provisions concerning the ways of selection/appointment of judges constitutionally entrenched?

Describe in brief the conditions of service and tenure (security of tenure, suspension and removal, transfers etc.) of the judges:


Is the term of judicial appointment for life?
Yes. According to the law, the judges are independent and irremovable and they cannot be promoted, delegated, detached or transferred to another office or court without their consent.


Is it possible to extent the term of service of judges beyond retirement age? In this case who has the power to take the decision?
No, it is not possible.


Is it possible to appoint temporary judges?


Is it possible for the judge to be removed or transferred and under what specific terms?
The judge can be removed for resignation, retirement, transfer to another function, professional incapacity, as a disciplinary measure, definitive conviction for criminal offences, for becoming agent, informer or collaborator of the secret services, lack to pass the capacity exam, other cases provided by the law.
The judge can be delegated to another court for 90 days in one year with his/her consent. This period can be extended for another term of 90 days with the judge’s consent.
The judge can by detached to another court, to the National Institute for Magistrates, to the Superior Council of Magistracy, To the Ministry of Justice or on other functions within the public authorities, with their consent and with the approval of the Superior Council of Magistracy for a period between 3 month and 3 years. This period can be extended once with maximum 3 years.


Where does the power of removing or transferring judges from one office to another lie?
The College of the Court with the consent of the judge.


Is it possible to transfer between the different divisions and types of courts?
Yes, but with the judge’s consent.


Is it possible to transfer to government administration and back?


Does a transfer to the administration have a career-promoting effect?
It depends on every case.


Is incompetence a ground for removal of a judge from the bench?

Financial security (salaries, remunerations, pensions etc.)


Who decides about judges’ salaries?
The salaries are established by law.


In what way and under what conditions are the salaries of judges increased? Are they accompanied by annual cost-of-living adjustments?
The salaries can be increased by law. The direct connection with the annual cost of living adjustments cannot be established.


Is there a need for executive approval or executive decision to initiate the increase?
Not necessarily, but usually the draft laws regarding the increasing of the salaries are prepared by the Ministry of Justice, approved by the Government and submitted to the Parliament to be adopted.


Is it possible for the judges to initiate judicial proceedings against the State with regard to their remuneration and which are the competent courts in this case?
Yes. Depends on the level of the court where the judge is functioning.


Is there a uniform salary scheme for all courts, divisions and types?

Career prospects (promotions etc.)


Describe briefly the ways in which the promotions of judges are made. What kind of procedures are to be applied in this context?
The promotions are based on passing the exam organised by the National Institute for Magistrates under the supervision of the Superior Council of Magistracy. To apply for the exam, the judges must be evaluated “very well” at the last evaluation, have not disciplinary measures applied during the last three years and must have the experience established by law for every level of courts – 5 years for Tribunal, 6 years for Court of Appeal,12 years for the High Court of Cassation and Justice.


Indicate the competent body for the promotions and the criteria applied thereto.
The Superior Council of Magistracy.

Are judges of the administrative courts promoted to the Supreme Administrative Court and under what conditions (seniority etc.)?
Yes. The administrative judges can by promoted to the Administrative Litigation Section of the High Court of Cassation and Justice if they meet the general conditions for promotion, as described at section 4.1 above and also the special condition to have a notorious professional activity.


Can judges accept any government assignment after retirement?
Yes, they can accept every function.

Standards of conduct (professional and service Code, public activities, law-related activities etc.)


Can a judge be involved in law-related activities (arbitration, law practice, writing books)?
The judge is allowed to act only as teacher at the law university schools or within the National Institute for Magistrates. Also, the judges are allowed to write books.


Can a judge be involved in business activities?


Is the judge entitled to sideline employment?

Is there a Code of conduct of judicial behaviour?


Is there a Commission on Judicial Conduct or any other body to supervise the behaviour of a judge?


Describe the restrictions - if there are any - on judges’ right to express their views?
The judges are not allowed to express their political views when they act on their duties. In the mean time, the judges are not allowed to express their views on pending legal procedures.

Inspection of judges and disciplinary proceedings


Who is in charge of the inspection of judges and in what way is this inspection conducted?
The Superior Council of Magistracy is entitled to inspect the judges through its inspectors. The inspection procedure is provided by the Regulation of the Superior Council of Magistracy.

Are there specific criteria for the evaluation of the performance of judges?
Yes. Mainly professional results, but also other criteria.

Who holds the legal power to initiate disciplinary proceedings against the judge? 
The Superior Council of Magistracy.

Who decides the disciplinary tribunal and its composition? Is it permanent or ad hoc?
The Disciplinary Commission is permanently organised within the Superior Council of Magistracy and it is composed by a number of members of the Council.


Is there a legal remedy against the decisions of the disciplinary body provided for by law?
Yes, the judge can appeal the disciplinary decision to the High Court for Cassation and Justice acting in panel of nine judges.

Is there a special procedure for investigating and prosecuting a judge?

II./ Functional and Institutional Independence of administrative jurisdiction:


II.a./ General aspects

Separation of powers and judicial independence


Indicate who is responsible for the central administration of administrative jurisdiction
The Ministry of Justice on administrative matters and the Superior Council of Magistracy for the professional matters.


Individual and collective independence of the judiciary
Is it possible for sanctions (of any kind) to be imposed on a judge based upon the content of his/her decision?
Disciplinary measures, where appropriate.


Can a judge face disciplinary charges solely on the basis of the substance of his/her ruling? Is this the case when a judge declines to follow a supreme court’s decision?
Not directly and not for the substance of a specific decision.


Do you think that accountability of judges threatens judicial independence?

Can a judge be held liable in civil actions for his/her judicial acts (e.g. be sued for damages for actions taken in his/her judicial capacity)?


Are judges immune from prosecution in other courts for their judicial acts?
No. But the judges can be retained, arrested or searched only with the approval of the Superior Council of Magistrates.


Can criminal charges be brought against a judge for actions on his/her duties? 


Do judges face sanctions for “decisional conducts”?

Judicial administration at the Court level (division of work among judges and assignment of cases etc.)


Is the division of work among judges and the assignment of cases to each judge or panel done according to a predetermined rigid plan or is it flexible and may be changed easily?
The new files are random distributed to the judges by the computer using special software. The cases can be transferred to other judges/panels only in the circumstances provided by the law and according to the legal procedure.


Who is in charge of case assignment?
See 2.1.
Self - administration of justice


Is judicial administration effected through independent judicial self-governance?


Describe briefly how the governing body/committee is elected?
See 1.1. 

Is there any restriction for the members of the above body to participate in other syndicalistic bodies?

Human, financial and material resources necessary for the performance of judicial functions

Who is responsible for the administrative staff employed in the courts?
The President and the College of the Court.


Who is competent to make available the necessary funds for the performance of justice?
The Ministry of Justice, The Ministry of Public Finances and the Parliament.


Who has the power to execute and spend the budgetary allocations?
The Minister of Justice, the presidents of the Tribunals and the President of the High Court of Cassation and Justice.

II.b./ The relation between administrative jurisdiction and other powers:

Relations with the executive (the influence of the Administration on the judge etc.)


Have there been cases of executive pressure on judges in any form?
Not proved until now.
Can judges be members of the Government?
Is it allowed for judges to participate in administrative bodies having decisive or consultative competences? 
Do the administrative courts have the power to challenge administrative acts of general character (presidential decrees etc.)?
The law entitles the judge to challenge any administrative act, excepting for those regarding the relations with the Parliament, as well as the military command acts.

Relations with the legislature (retroactive legislative reversals of cases etc.)


Can the legislature override a decision of a court if they disagree with the way the latter has applied or interpreted a law?
Have there been retroactive legislative reversals of court decisions?
Has there been legislation abolishing courts with results of statutory removal of judges and if so, how was it received?
Pending cases?
Can judges be members of the legislature?
Do the administrative courts have the power to challenge laws?
According to the law, the administrative sections of the courts can challenge the decisions of the Government and the acts of the public national and local authorities.
The power to challenge laws belongs to the Constitutional Court.


Interest representation of administrative judges


Are judges organised in associations for furthering their rights and interests?


Are there separate professional representations for administrative judges, or a joint association of judges?
Joint association of judges.


What are the specific activities of the aforesaid association? Describe them in brief.
The Romanian Association of the Magistrates was created to protect the magistrates and their legal rights and interests in relation with the public authorities and any other third party, as well as to prevent any tentative to influence the act of justice and to help maintain the independence of the judges.


Do judges have the right to strike or to hold a demonstration?

II.c./ The relation between administrative jurisdiction and the society:

The administrative judge and the media scrutiny (the press, the judiciary and the courts, criticism of judicial decisions etc.)


Is criticism of judges, judicial decisions and judicial conduct in the press existent, frequent, rare? What are the relevant grounds for this? Could you give major examples?
The criticism is relatively frequent.


Are trials open to T.V.?
The proceedings and the hearings are public, but the access with TV or radio transmittal equipment is subject to the previous approval of the court.


Do you think that press reporting and commenting on judges, courts, judicial decisions and matters pending before the courts poses a challenge to judicial independence? 

The administrative judge and the public opinion


Do you think that a judge’s engagement in politics or speaking his/her mind in favour of a political party compromises the public confidence in the judiciary?
There is an important possibility for that.


Are there institutions that favour strong public opinion in defence of the independence of the judiciary?
No. Maybe the Romanian Association of the Magistrates.

Judges and politics


Is it allowed for judges to become member of political parties?
Are there any major restrictions for judges with regard to their political activities? What are the consequences in case of breach?
See. ….. Disciplinary measures


Are there any other restrictions for judges as far as their public activity is concerned?
The judges have the general duty to adopt a proper behaviour in every circumstance in order to avoid any suspicions on the independency of the justice system.


Have there been cases where political leaders attacked the judges and criticised their decisions?


III./ Efficiency in the internal organisation of an administrative jurisdiction.


The judge and his work


Describe briefly the kind of the initial training and the qualifications of an administrative judge prescribed by law and his further education and/or formation, inter alia in European law, emphasizing more particularly the aspects which might help the judge to improve the efficiency of administrative justice.
The law does not provide initial specific training for administrative judges. The Courts, the National Institute for Magistrate and the Superior Council of Magistracy organise different types of seminars, courses and meetings for the formation of the judged appointed at the administrative litigation section of the courts (tribunals, courts of appeal, High Court of Cassation and Justice).
As regards the formation, the continuous formation of the magistrates is a legal obligation for the National Institute for Magistrates, the Superior Council of Magistracy and for the magistrates themselves.
The National Institute for Magistrates and the Superior Council of Magistracy are organising periodically formation sessions for magistrates in different legal areas.

Do you think that a higher salary paid to the judge and, more specifically, other (material) advantages which may be granted to him in consideration of the output might help to improve the efficiency of administrative justice?
A higher salary must be considered, but the actual issue for the administrative justice in Romania, as well as for the entire justice system is the overloading.

Please indicate the number of administrative judges in your country and compare it to the population being under their jurisdiction (an average number can be indicated per country).
An estimative number is 200 administrative judges related to the total number of 3942 of judges in function – at the beginning of the year 2006. The number of inhabitants in Romania is 21.57 million – estimation for December 31, 2006.

Please indicate the number of legal or other assistants (including clerks, secretaries …) working for the administrative jurisdictions, indicating more particularly the average number per judge working at an administrative court.
This number is not available.

Describe briefly the working conditions of an administrative judge in your country, emphasizing more particularly the technical means which are at his/her disposal, as well as legal or other assistants helping him/her in his/her duties, his/her access to libraries and data bases, access to internet and so on…


The national authorities tried to create proper working conditions for the judges to fulfil their duties. Buildings were constructed or arranged for the functioning of the Courts. Basically, every judge has at his/her disposal a personal computer, LAN/WAN, access to the internet, access to the legislative digital database.
Every court has a documentation service/library for the use of the judges. The judges have no personal assistants. To fulfil the legal duties, he/she is helped by a clerk who is helping few judges at the same time.
Sometimes the space in the judges’ offices is not sufficient despite that the Ministry of Justice took some efforts to build or to take buildings for new court location, because the number of judges is increasing continuously.

Describe briefly the internal working regulations of an administrative court and more particularly the way in which the work is distributed among the judges, the person in charge of the distribution of the work to be done by the respective judge and of the control of his/her work, indicating inter alia the criteria according to which the way of distribution is decided as well as the criteria according to which the work of the administrative judge is controlled, as well as the possible sanctions which may be taken against the judge who does not fulfil the legal or internal requirements concerning the quality of his/her work. Describe in this context internal control procedures (if there are any).
The files are random distributed among the judges by the computer, using specific software that you cannot interfere with. The software was designed in order to prevent any attempt to influence the distribution of the cases.

The jurisdictional procedures


Describe briefly the access to administrative justice, indicating more particularly whether the complaint or file has to be introduced by a lawyer or any other professional and the conditions under which the plaintiffs may have access to legal assistance. Can you also indicate whether the procedures are accomplished only on a written basis or whether also oral hearings take place, indicating in which cases such oral hearings are organised and the persons who, at these occasions, are allowed to make oral submissions to the court.
According to the Romanian Constitution an the Law no.554/2004, any person aggrieved in his/her legitimate rights or interests by a public authority, by means of an administrative act or by the failure of a public authority to solve his/her application within the lawful time limit, is entitled to the acknowledgement of his/her claimed right or legitimate interest, the annulment of the act and reparation for the damage. 
The conditions and limits on the exercise of this right are regulated by Law no.554/2004 regarding the administrative litigation. 
Every person has the possibility the file a complaint. The assistance of the lawyer or other professional is not compulsory.
According to art.74-81 of the Romanian civil procedure code, every person having no financial resources to support the trial is entitled to file a request for judicial assistance: reduction or elimination of the legal taxes and free legal assistance from a lawyer nominated by the Bar Association. The court has to decide on this request.
The procedures imply both written and oral proceedings on regular basis. It is not possible to resolve a case without oral hearings as well as without written procedure documents.


Describe briefly the different types of procedures which can be introduced at an administrative court, insisting inter alia on the differences existing between those procedures.
There are two types if procedures which can be introduced at the administrative section of the court: 
the regular procedure - regarding the acknowledgement of his/her claimed right or legitimate interest, the annulment of the administrative act and reparation for the damage;
the special procedure – the injunction for urgent measures in special circumstances, when the execution of an administrative act can be suspended until the complaint against the administrative act is definitively solved.


Describe briefly the different steps of the procedures to be followed at an administrative court of your country, starting with the date the file is introduced until the date the judgment is pronounced, insisting more particularly on the deadlines which may have to be respected by the parties in order to introduce written notices, briefs, pleadings, statements as well as on the deadlines to be respected by the judge to pronounce the judgment.
After the file is introduced it receives a unique number, is distributed by the computer to one panel on a certain day for the first hearing. The subpoenas are issued for all the parties – plaintiffs and defendants, and the subpoenas must mention: the court, the postal address of the court and the section, the number of file, the name and the quality of the parties in the trial and their postal address as indicated by the plaintiff, the date of the first hearing, the number of panel, number of chamber, the parties’ procedural obligation to be fulfilled until the first hearing. The defendant is announced by the subpoena to present the written defence.
At the first hearing the parties are proposing and the judge is approving the evidences: written evidences (documents), witnesses, interrogatory, specialised expertise, request for information from different authorities, where the appropriate case. The following hearings are dedicated to presentation of the evidences.
The Romanian Civil procedure code provides strict terms and conditions for the parties in order to introduce written notices, briefs, pleadings, statements.
All the evidences must by provided within the term established by the judge or by the law. The parties are allowed to present written notices after every court session.
After all the evidences are provides, in the final hearing the parties can present their pleadings and also they can present written notices. The judge can also ask the parties to present written notices.
After the hearings are closed and until the decision is pronounced, the parties are not allowed to present other evidences, only written notices. 
The judge can postpone the decision 7 days and he has the obligation to issue the decision in 30 days after it was pronounced, but there is no sanction for breaking this obligation, unless disciplinary measures.
The parties always receive from the court a copy of the decision took at the first instance. The decision took by the last instance court – Tribunal, Court of Appeal or High Court of Cassation and Justice – is available for the parties only on their request.
In the appeal procedure (“recurs”) new evidences are permitted, but only written evidences.

Describe briefly the internal organisation of an administrative court, and indicate whether the judges are working in chambers or if they are acting as individual judges, as well as the criteria according to which a case is dealt with either by a chamber or by an individual judge.
The internal organisation of the administrative litigation sections of the court is the same as of every Romanian court. The administrative section is coordinated by the judge – chief of the section. The administrative activity of the section is coordinated by the first clerk of the administrative section.
The stuff of the administrative section is composed by judges and administrative officers. The judges are working as individual judges at the first instance and in panel of three at the last instance – “recurs” with no regards to the level of the court, excepting the High Court for Cassation and Justice where the panel is always with three judges, because the High Court of Cassation and Justice – The administrative and fiscal litigation is functioning only as a last instance court.
At the administrative level, the administrative section has a registration division, where the written procedures are presented – complaints, various requests, written evidences, written notices, declaration of appeal, etc. and also an archive division, where the files can be inspected by the parties.


Which kind of procedures do apply in case an urgent matter of any kind is introduced with an administrative court? Indicate also what kind of decisions may be taken by the judge dealing with this kind of urgent matters.
What kind of interim measures or measures of suspensive effect may be granted by 
your Court upon the receipt of a complaint? 
a) suspension of the administrative act complained against, 
aa) becomes effective when served to the parties, 
bb) may also have retroactive effect, 
b) my Court may order any interim measure deemed necessary when the interests 
of justice so require.
What are the legal criteria for a decision to give an order of suspensive effect or 
order an interim measure?
a) Does the prospective outcome of the proceedings have any relevance? 
b) Please give a short description of the content of the legal provisions concerned.


In the special procedure, the judge can grant only the suspension of the administrative act complained against.
According to art.14 of the Law no.554/2004, in well founded cases and in order to prevent a predictable damage, the interested person can ask to the court to suspend the execution of the administrative act until the complaint against the administrative act is solved irrevocably. 
The court shall solve urgently the request for the suspension of the administrative act. 
Where a major public interest is involved – when the functioning of a public service having national importance could be serious disturbed, the request for suspension can be filed also by the Public Ministry.
The decision approving the suspension is enforceable by law. It can be appealed in 5 days from the date it was pronounced.

Indicate the types of control the administrative court may exercise over the activities of the administration or over the decisions taken by it: is it a control only of the legality of its decisions or can the judge also control whether the discretion was used by the authority in the spirit of the law? Is the judge allowed to take a decision instead of the administrative authority? Do there exist other types of control procedures?
The judge can control mainly the legality of the administrative decisions. But the judge can also control the limits of the discretion power used by the authority.
The judge cannot take the decision instead of the administrative authority. He is aloud to cancel the administrative act, totally or partially, to impose to the administrative authority to issue the administrative act or any other certificate or written document.
When the object of the complaint consists in an administrative contract, the judge can cancel that contract, can impose to the administrative authority to conclude the contract, can impose to fulfil a certain obligation, can substitute the consent of the administrative authority when the public interest requests, can oblige the payment for moral and material damages.
Also, the judge is allowed to establish penalties for delay.


Indicate the delays of the procedures introduced with an administrative court, starting from the date of introduction of a complaint until the date the judgment is pronounced (average delays).
It depends on every case. The average delay is 20 month – first instance and appeal.
Is there any remedy against undue length of the proceedings for the parties of the 
proceeding before courts? Is this
a) a remedy provided by law (please give a quotation of the legal provision) 
b) a remedy of informal character (please give a short indication of its content).
What may be the result of such a remedy?
a) actual acceleration of an individual proceeding
b) payment of just satisfaction 
c) reduction of a penalty imposed 
d) disciplinary measures against individual judges
Which authority is responsible to deal with such a remedy? 
a) the president of the Court
b) a supervising judicial body 
c) an administrative authority
It is very hard to decide, generally speaking, who is responsible for the undue length of the proceedings. The legal provisions can imply some delays, not directly, but due to the procedural acts established (expertise, interrogatories, requests for information form other public authorities, etc.). Sometimes the parties are responsible for the delays, using in an abusive manner the procedural legal provisions. Nevertheless the general overloading of the judicial system is causing some delays.
When the judge is responsible exclusively, he/she can suffer disciplinary measures applied by the Superior Council of Magistracy.
It depends also on the skills of president of the court to determine the judges to solve the cases more rapidly.


Which kind of means are at the disposal of the administrative judge (or the parties) in order to provide for a correct execution (enforcement) of the judgment. Does the judge have the possibility to give injunctions to the administration? Do there exist specific procedures which the parties may use in case the administration does not voluntarily execute the judgments?
The judge doesn’t have the possibility to issue injunctions for the execution. According to the law, the authority has the obligation to execute the irrevocable decision of the court in a period of 30 days from the date the decision becomes irrevocable.
When the public authority misses this term, the plaintiff can ask to the court to impose a fine to the leader of the authority, consisting in 20% of the gross minimum salary for each day of delay and also to ask for damages.
After the fine is imposed, the failure to execute the court decision shall by punish as a criminal offence.

Which kind of new technologies are at the disposal of the administrative judge and do the procedures to be followed at the administrative court provide for the possibility to use standard forms or electronic transmittal techniques (for example, are the parties allowed to introduce the briefs by way of mail or other electronic transmittal systems) ?
The Civil procedure code doesn’t provide other possibilities for the parties then the classics in order to introduce briefs by way of e-mail. In practice the courts accept different procedural requests and written notices, but not complaints, sent by fax.

Do the administrative courts in your country possess central computer systems to which all judges are linked, and comprising inter alia data bases, general information, laws, procedural acts, access to electronic files and so on

Indicate whether you think that the facilities used by the administrative courts and the means put at the disposal of these courts by the State are appropriate and, if this is not the case, indicate the problems you have noted in this context and the possibilities to remedy.


The facilities and the means are sufficient, but the main problem remains the overloading which can affect directly the quality of justice.

Indicate the total amount of money spent by the State to ensure the functioning of administrative justice, compared to the total amount of the State budget
Not available, but the estimative percentage is 2,52%.

Do there exist alternatives to the contentious proceedings, for example mediation, arbitration procedure and so on in your country?
Yes, they are, but not for the administrative litigation. The only legal provision to that aim is that regarding the “previous procedure”. Before filing the complaint, the person has to ask to the public authority to revoke the administrative act, in term of 30 days form the issuing date. This request can be send either to the upper administrative authority.

Which kind of effective legal remedies can be used against a judgment of an administrative court of first instance?
The decision of the administrative court of first instance can be appealed to the upper court.

IV./ Efficiency in the relations of an administrative jurisdiction towards third parties

Access by the public or the parties to the information held by the administrative courts


Do the administrative courts in your country have a person in charge of the relations with the press (press speaker)?
Every court has a public relations division or a press officer.

Do the administrative courts in your country prepare annual reports about their activities? Is this report available to the public? To whom/ or to which body this report is it addressed?


All the courts are preparing annual reports about their activities. These reports are integrated into the annual report of justice issued by the Ministry of Justice. The annual report of justice is made available to the public by the Ministry of Justice.

Does there exist a possibility to access by internet or by any other means the judgments pronounced by the administrative courts and other documents which might be relevant for the public/parties?
A common internet database was created for all the courts in Romania. Accessing this internet database, the interested persons can find the files, the parties, the object, the terms established by the court and the final decision. The judgements or other documents are not available on line.
The High Court of Cassation and Justice has a separate internet database, where we can find the information mention above and most of the judgements.

Do the parties of the case pending at an administrative court have the possibility to get information, by electronic or other means, about their file and the state of the proceedings
Yes, see 1.3. above.

Do the administrative courts of your country have the possibility to exchange information or experience with other national or international courts or with courts situated in other countries and, if this is the case, could you give more information about this kind of exchanges? 
The National Institute for Magistrates and the Superior Council of Magistracy are setting up yearly the plan for the formation of the judges, including national and international seminars and professional meetings. All the European and international programs are taken into consideration.
In this manner, many experience or information activities take place every year.

Control of the activities of the administrative courts


2.1 Do the administrative courts prepare statistics about affairs settled during the judicial year, about the stock of affairs pending and about the number of affairs dealt with by individual judges?

2.2 Do the administrative courts possess electronic systems to ensure the follow-up of the affairs pending (e.g. electronic file system…)?

2.3 In your country, are there mutual or internal evaluations (on periodical basis) of the quantity and quality of the work to be done by the court? Which is the body which is competent to prepare this kind of evaluations, are they done by the court itself or by any other bodies, authorities or courts? Do there exist control procedures of the judicial work done by the administrative judges and, if this is the case, by which kind of authorities (national or international) are these procedures accomplished?


The evaluation of the activity is made by the Superior Council of Magistracy. The professional activity of the judges is evaluated at every 3 years by a commission appointed by the Superior Council of Magistracy. The commission is composed by the president of the court where the judge is functioning and two judges appointed by the College of the Court.
The evaluation regards the following: professional competence, performance, efficiency, quality of the work, moral profile, continuous professional formation and graduating specialisation classes.


2.4 Which kind of sanctions may be taken against individual judges in case of misbehaviour or in case the work to be done by judges has not been delivered in certain delays.
Disciplinary measures.

2.5 Do there exist compensation procedures in case of errors committed by the court or individual judges or in case of delays in the proceedings? If this is the case, could you briefly describe the kind of compensation procedures which may be used by the victims of such errors or delays.
Not for delays, but for bad-faith or serious malpractice. The procedure for compensation is the common procedure.

2.6 Do there exist possibilities for the public or the parties to introduce complaints against the way the administrative courts work.
Yes. The interested person can file complaints against the clerks or even against the judges towards the president of the court. 

2.7 Do there exist studies about the feed-back of “customers” (in a broad sense of meaning) of administrative justice, on the bases of inquiries made among the public, the parties or their lawyers, about the functioning of the court?

V./ Conclusion

Could you indicate, according to your opinion, which are the factors (concerning organisation or rules of process) that cause malfunctions in the administrative judicial system in your country? 
The main cause is the overload. The number of cases the administrative judges are forced to deal with is too big and it is increasing.
The legal taxes for administrative litigation are very small – in average 1 Euro/request.
There is no legal filter when the complaints are filed and, as a consequence, all the complaints are distributed to the judges.
The specialised assistance of an attorney is not compulsory and frequently the complaints choose to represent themselves in front of the court, affecting directly the duration of the proceedings.


Could you indicate which, in your opinion, might be possible remedies?
First of all, increasing the number of the administrative judges, but this action may not be efficient without proper legal measures in order to limit the number of the cases or the duration of the proceedings – for example the admissibility filter when the complaints are filed, the compulsory legal assistance for the plaintiffs.

Have you noted whether effective measures have been introduced in recent times to improve the system in your country? 
Several measures were taken to improve the system: the working conditions were improved, proper technical means were made available for the judges and for the administrative personnel, the random distribution of the files made by computer software, intranet and internet databases were created.
Measures were also taken in order to ensure the transparency of the judicial procedures and the independence of the judges – for example, the sessions of the Superior Council of Magistracy are public and its decisions are published on the internet page of this body.