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Guide to Foreign and International Legal Citations - New York ...

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I. COUNTRY PROFILE (Civil Law)<br />

ROMANIA<br />

Romania is a republic comprised of forty-one counties (judete) <strong>and</strong> one municipality<br />

(municipiu). Romania declared its independence on May 9, 1877. Romania’s official language<br />

is Romanian. Its legal system is based on the civil law tradition.<br />

The Romanian Constitution, adopted in 1991 <strong>and</strong> most recently amended in 2003,<br />

established its form of government. Executive power is vested in the President, who is the head<br />

of state. The President is elected directly by the people <strong>to</strong> a four-year term, <strong>and</strong> may not serve<br />

more than two consecutive terms. The Prime Minister, who is the head of Government, is<br />

appointed by the President. Members of the Council of Ministers are appointed by the Prime<br />

Minister.<br />

Legislative power is vested in the bicameral Parliament (Parlamentul României), which<br />

is comprised of the Senate (Senatul) <strong>and</strong> the Chamber of Deputies (Camera Deputaţilor). Both<br />

the 137 Members of the Senate <strong>and</strong> the 332 Members of the Chamber of Deputies are elected by<br />

the people on the basis of proportional representation <strong>to</strong> four-year terms.<br />

The judicial power consists of the High Court of Cassation (Înalta Curte de Casaţie şi<br />

Justiţie, formerly known as the Supreme Court), Courts of Appeal, Tribunals, <strong>and</strong> Lower Courts<br />

or Courts of First Instance. The courts are further divided by their areas of specialty. The High<br />

Court of Cassation exercises supreme judicial power <strong>and</strong> is in charge of unifying jurisprudence.<br />

Judges of the High Court of Cassation are appointed by the Prime Minister based on<br />

recommendations by the Superior Council of Magistrates.<br />

The Constitutional Court is the guaran<strong>to</strong>r of the supremacy of the Constitution. It is<br />

comprised of nine judges appointed <strong>to</strong> a nonrenewable, nine-year term. The Constitutional Court<br />

is in charge with a priori <strong>and</strong> a posteriori constitutional review of legislation, treaties, bylaws<br />

adopted by the Parliament, <strong>and</strong> governmental ordinances. The Constitutional Court also<br />

supervises presidential elections, determines the procedures of referenda, <strong>and</strong> has jurisdiction<br />

over disputes between political parties.<br />

Internet Resources:<br />

Government:<br />

http://www.guv.ro<br />

<strong>Foreign</strong> Office:<br />

http://www.mae.ro<br />

Ministry of Justice:<br />

http://www.just.ro<br />

Presidency:<br />

http://www.presidency.ro<br />

II. CITATION GUIDE<br />

Parliament:<br />

http://www.parlament.ro<br />

Constitutional Court:<br />

http://www.ccr.ro<br />

High Court of Cassation:<br />

http://www.scj.ro<br />

The Official Gazette:<br />

http://www.moni<strong>to</strong>ruloficial.ro<br />

There is no uniform code of citation in Romania. There are, however, some accepted practices,<br />

but they are not followed by all authors.<br />

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