Jurisdictional objection in Romania: material, territorial, absolute and relative
A jurisdictional objection challenges the court's competence. Absolute incompetence (public order) may be raised at any time; relative incompetence only at the first hearing.
Definition
Jurisdictional objection in Romania
Under art. 94-147 NCPC, incompetence may be material (wrong level of court), territorial (wrong district), or functional (wrong appellate level). Absolute incompetence (material and exclusive territorial) may be raised at any time by any party or the court ex officio. Relative incompetence (ordinary territorial) must be raised by the defendant in the statement of defence or at the first hearing: after that it is waived (art. 130 NCPC). If upheld, the court issues a transfer ruling sending the case to the competent court.
Frequently asked questions
No. Relative territorial incompetence is waived if not raised by the defendant at the first hearing. The court acquires competence by legal prorogation.
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