High Court of Cassation and Justice explained

Court Name:High Court of Cassation and Justice
Native Name:Romanian; Moldavian; Moldovan: Înalta Curte de Casație și Justiție
Established:1861
Location:Bucharest
Type:Admission contest/Promotion
Authority:Constitution
Website:https://www.iccj.ro/
Chiefjudgetitle:President
Chiefjudgename:Corina-Alina Corbu[1]
Termstart:15 September 2019

The High Court of Cassation and Justice (Romanian; Moldavian; Moldovan: Înalta Curte de Casație și Justiție) is Romania's supreme court. It is the equivalent of France's Cour de Cassation and serves a similar function to other courts of cassation around the world.

Naming history

It held various names during its existence: "Curtea Supremă" (Supreme Court) and "Tribunalul Suprem" (Supreme Tribunal) during the Communist period (1948–1952 and 1952–1989 respectively), and "Curtea Supremă de Justiție" (Supreme Court of Justice) from 1990 to 2003. The name "Înalta Curte de Casație și Justiție" was re-introduced in 2003, having been also used during the United Principalities (1862–1881) and Kingdom of Romania (1881–1947).

Administration

The court is led by a president, seconded by a vice-president and the leading council. Since September 2019, its president is Corina-Alina Corbu. The general assembly of the court's judges assigns two members for the Superior Council of Magistrature. The same assembly approves the annual activity report (released publicly) and the budget of the institution.

According to the law, "The president, the vice-president and the section presidents of the High Court of Cassation and Justice are named by the President of Romania, at the proposal of the Superior Council of Magistrature, out of the judges of the High Court that have worked in at this instance for at least two years". The term lasts for three years, with the possibility of being renewed once.[2]

Controversial decisions

See also: Rehabilitation of war criminals in post-Communist Romania and Post-World War II Romanian war crime trials. From 1995 to 2000, the Romanian Supreme Court rehabilitated a total of at least 14 convicted war criminals. These included 3 members of Ion Antonescu's wartime government (Nichifor Crainic, Toma Ghițulescu and finance minister Gheron Netta), Radu Dinulescu ("the Eichmann of Romania") and his deputy (Gheorghe Petrescu) as well as other statesmen and journalists such as former minister Stelian Popescu and Pan M. Vizirescu. A procedure known as "extraordinary appeal" was used to overturn their war crimes and "crimes against peace" convictions. In 2004, the "extraordinary appeal" procedure was eliminated from the Romanian legislation following recommendations from the European Court of Human Rights.[3] [4] [5] [6] This, however, backfired on those who wanted these rehabilitations undone, as Efraim Zuroff came to find out. When, in February 2004, Zuroff demanded that the Romanian authorities overturn the rehabilitations of Colonels Radu Dinulescu and Gheorghe Petrescu, he was informed that this was "technically impossible". Due to the abolition of "extraordinary appeal", a decision by the Supreme Court can no longer be challenged within the framework of Romanian legislation.[7]

List of Court Presidents

No.NameTerm startTerm end
High Court of Cassation and Justice
1Vasile Sturza14 February 186219 October 1868
2Constantin Hurmuzache24 October 18688 March 1869
3Scarlat Fălcoianu8 March 18693 September 1876
4Alexandru Creţescu3 September 187615 October 1886
5Constantin Schina15 October 18861 April 1906
6Scarlat Ferekyde1 April 19061 May 1909
7G.N. Bagdat1 May 19091 October 1911
8Corneliu Manolescu19111918
9Victor Romniceanu19195 August 1924
10Gheorghe Buzdugan5 August 19245 June 1927
11Oscar Nicolescu5 August 19277 November 1930
12Ion Stambulescu7 November 193017 February 1931
13Dimitrie Volanschi24 March 19311 June 1938
14Andrei Rădulescu1 June 1938September 1940
15Dimitie LupuSeptember 19401944
16Oconel Cireş19441945
17Petre Davidescu19451947
(16)Oconel Cireş19471948
Colspan=4 Supreme Court
(16)Oconel Cireş19491 April 1949
18Gheorghe Stere1 April 19491 August 1952
Colspan=4 Supreme Tribunal
18Gheorghe Stere1 August 195224 January 1953
19Stelian Niţulescu24 January 19531 July 1954
20Alexandru Voitinovici1 July 1954March 1967
21Emilian NucescuMarch 1967August 1975
22Constantin StătescuAugust 1975January 1977
23Iustin GrigoraşJanuary 1977November 1979
24Ioan SălăjanNovember 197927 December 1989
Colspan=4 Supreme Court of Justice
24Ioan Sălăjan27 December 19893 January 1990
25Teodor Vasiliu3 January 199020 July 1990
26Teofil Pop20 July 199017 June 1992
27Valeriu Bogdănescu13 July 199225 July 1994
28Gheorghe Uglean20 December 199420 June 1998
29Sorin Moisescu20 June 19986 April 2000
30Paul Florea27 April 200018 October 2003
High Court of Cassation and Justice
30Paul Florea18 October 200316 June 2004
31Nicolae Popa14 July 200414 September 2009
32Lidia Bărbulescu14 September 200915 September 2010
33Livia Doina Stanciu17 September 201014 September 2016
34Iulia-Cristina Tarcea14 September 201614 September 2019
35Corina-Alina Corbu15 September 2019incumbent

See also

Notes and References

  1. Web site: Structura organizatorică a Înaltei Curți de Casație și Justiție. www.scj.ro.
  2. Web site: Judge Adrian Bordea chosen for third interim as chief of the Supreme Court. Who is the magistrate that will judge over the great corruption trials and how important is the president of the HCCJ position. 2010-09-16. HotNews.
  3. Andrei Muraru, "Elie Wiesel” Institute`s Journal, 2020, Outrageous Rehabilitations: Justice and Memory in the Attempts to Restore the War Criminals’ Remembrance in Post-Holocaust Romania. The Recent Case of General Nicolae Macici (I) in Holocaust. Studii şi cercetări / Holocaust. Study and Research, vol. XII, issue 1(13), pp. 345-348
  4. https://books.google.com/books?id=QjqxzR0xTvoC&pg=PA75 Henry F. Carey, Lexington Books, 2004, Romania Since 1989: Politics, Economics, and Society, p. 75
  5. https://www.google.com/search?q=%22netta+gheron%2C+who+had+served%22&biw=1536&bih=708&tbm=bks&sxsrf=AB5stBhWmqd6iFmRcG_tXWmtavzfR2XLHg%3A1689262170903&ei=WhiwZOblNsnSsAfU1ZD4Cw&ved=0ahUKEwjm-oP9_4uAAxVJKewKHdQqBL8Q4dUDCAk&uact=5&oq=%22netta+gheron%2C+who+had+served%22&gs_lp=Eg1nd3Mtd2l6LWJvb2tzIh4ibmV0dGEgZ2hlcm9uLCB3aG8gaGFkIHNlcnZlZCJI04wBUMMHWIiKAXABeACQAQCYAesBoAHdL6oBBjAuMzEuOLgBA8gBAPgBAYgGAQ&sclient=gws-wiz-books David Singer, American Jewish Committee, 2001, American Jewish Year Book 2001, Volume 101, p. 430
  6. Alexandru Florian, Indiana University Press, Jan 24, 2018, Holocaust Public Memory in Postcommunist Romania, pp. 73, 76-77, 79, 93-94 and 102
  7. https://www.rferl.org/a/1143201.html Radio Free Europe, Newsline - July 16, 2004