Les juridictions roumaines compétentes à solliciter des avis consultatifs à la Cour européenne des Droit de l’Homme
Romanian courts competent to request advisory opinions from the European Court of Human Rights

Summary/Abstract: The High Court of Cassation and Justice and the Constitutional Court, as the two supreme courts in Romania, are the highest national courts and they are included in the declaration addressed by Romania to the Secretary General of the Council of Europe at the time of signing Protocol no. 16 to the European Convention on Human Rights, and in the list established by the law ratifying this treaty, so they are competent to address requests for advisory opinions to the European Court of Human Rights. Courts of appeal, on the other hand, have no such competence, despite their inclusion in the declaration deposited when Protocol no 16 was signed, although a second declaration, eliminating them, requested by the ratification law, was never deposited, because they do not meet the conventional requirement of being the highest courts at least in certain matters, the European Court of Human Rights having jurisdiction to verify compliance with this condition and to declare, where appropriate, inadmissible a request for an advisory opinion from a court of appeal.

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