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Romania / Romanian Constitutional Court / 46

Vlad-Ciprian Bozeşan

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Romanian Constitutional Court
Type:
Decision
Decision date:
31/01/2017

Key facts of the case:

The applicant, who was a party in a civil case, asked for his case to be moved to a different court. According to the Romanian Civil Code, decisions on such requests do not need to be motivated by the court. The applicant submitted a Constitutional Referral (excepție de neconstitutionalitate) by which he claimed that this provision is unconstitutional and that such a decision should be motivated.

Outcome of the case:

The Constitutional Court found that there was no breach of the Constitution, and that the Constitution allows for judges not to motivate their decisions on requests to transfer cases to a different court.