Judicial abstention in Romania — when it is mandatory
Abstention is the duty of a Romanian judge to withdraw from a case whenever a ground for recusal exists, before any party requests it.
Definiţie
Judicial abstention
Under article 43 of the Romanian Code of Civil Procedure, a judge who is aware of any ground that would justify recusal must withdraw from the case on their own initiative. The judge files a written statement of abstention with the court president, and another panel decides it in chambers, with priority, without the parties being heard. If admitted, the case is randomly reassigned through the ECRIS system. A judge who fails to abstain despite knowing a legitimate ground can face disciplinary action under Law 303/2004, and any judgment rendered may be quashed on appeal for breach of the rules on court composition.
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