Recusal of a judge in Romania — when and how

Recusal of a judge

Under articles 41-46 of the Romanian Code of Civil Procedure, any party may request the removal of a judge from a case when there are serious doubts about impartiality. Grounds include kinship up to the fourth degree, prior expressed opinion on the case, gifts received, known enmity, or a similar pending case. The request must be filed by the first hearing after learning of the ground, under penalty of forfeiture. It is decided in chambers by a different panel of the same court, without hearing the parties, by an unmotivated order that cannot be appealed separately. If the judge is aware of a ground, they must withdraw on their own (abstention) before the party requests recusal. Vexatious requests can be sanctioned with a judicial fine of 100 to 1,000 lei.