CSM proposals for amending judicial laws: Magistrates request that certain cases no longer be the responsibility of the courts

The Superior Council of the Magistracy (CSM) submitted to the Ministry of Justice a series of legislative proposals that would lead to the relief of the courts, the institution announces in a press release.

The exclusion of some cases from the court circuit, the territorial reorganization, alternative methods of resolving disputes, the simplification of procedures in appeals in civil cases, the computerization of the courts are some of the measures proposed by the CSM.

What cases does the SCM want to no longer be within the jurisdiction of the courts

• the exclusion of cases with the object of dissolution and legal deletion from the matter of companies.
• the exclusion of non-contentious applications regarding the registration, modification and dissolution of non-profit legal entities and the removal of the obligation to keep records of these legal entities.
• the exclusion of cases with the object of replacing the contravention fine with the performance of an activity for the benefit of the community; eliminating the suspensive effect of the introduction of the contravention complaint, especially in the matter of contraventions to the traffic regime.
• abandoning the procedure for approving the enforced execution of enforceable titles represented by court decisions, as well as simplifying the procedure for approving the enforced execution of other enforceable titles other than court decisions.
• the sharing of control attributions regarding the exercise of guardianship regarding the assets of the minor or the protected adult between the guardianship authority and the court; the exclusion from the jurisdiction of the court of guardianship requests.
• exclusion of cases having as object divorce by agreement.

Also, the SCM requests the relief of judges from some attributions correlative to their transfer to specialized auxiliary staff or to the judge's assistant.

Proposals to modify the jurisdiction of the courts

• modification of the territorial jurisdiction provided by art. 13 para. (5) from Law no. 213/2015 regarding the Guarantee Fund for insured persons.
• expanding the competence of trainee judges who carry out their internship activity in the courts.
• regulating the competence of the judge supervising the deprivation of liberty to rule on appeals filed by persons serving a prison sentence against the decisions of the ANP director to change the place of detention or to reject transfer requests.
• taking over the legislative solution provided by the provisions of art. 10 para. (3) and (4) from the Administrative Litigation Law no. 554/2004 regarding territorial competence and in the matter of labor disputes.
• modification of the exclusive territorial jurisdiction of the Bucharest Court of Appeal in the matter of competition; the competence provided by GEO no. 33/2007 regarding the organization and functioning of ANRE; the competence provided for GEO no. 24/2008 regarding access to one's own file and the debunking of the Security.

Increase in stamp duty

The Superior Council of Magistracy also requests an increase or update of the amount of some of the judicial stamp fees to take into account the expenses involved in the judicial procedure and economic realities.

Also, the SCM has several proposals for encouraging litigants to resort to alternative means of dispute resolution and the establishment of other procedures, as well as for the use of the procedure for the administration of evidence through lawyers.

The CSM also announces that by the end of February 2026, UNBR representatives and representatives of other legal professions will be consulted regarding possible practical difficulties “that could be generated by the norming process and also to finalize the norming mechanism and the appropriate adaptation of the relevant secondary legislation”.

The full proposals of the CSM can be consulted in the document below: