Justice in Romania on hold: Postponed hearings, blocked files, and legal solutions for citizens in Romania
The magistrates’ strike in Romania has led to a temporary suspension of judicial activity in many courts, causing numerous court cases to be postponed and hearing dates to be rescheduled. This situation directly affects citizens and companies who depend on swift legal remedies such as a presidential ordinance, protection order, challenge to enforcement, temporary suspension, or evidence preservation.
Each court in Romania publishes, at least 24 hours before the hearing day, a list of the cases that will be heard. Generally, during the strike, only those cases considered urgent are being tried. Urgency is a matter of fact, assessed on a case-by-case basis. In practice, some applications — such as a challenge to enforcement — may appear urgent, yet not all are admitted for trial during this period. Nevertheless, there have been examples where a presidential ordinance filed under Article 70 paragraph (5) of Law 85/2014 was resolved in just two days, in chambers and without summoning the parties — demonstrating that, in well-founded cases, justice continues to function even under restricted conditions.
The Judges of the Ilfov Tribunal, gathered in the General Assembly on August 26, 2025, unanimously decided that starting August 27, 2025, they would adopt the form of protest consisting of suspending the resolution of cases, until the withdrawal of the draft law on the reform of magistrates’ service pensions.
In their official statement, the magistrates emphasized that this measure stems from respect for citizens and solidarity with them, aiming to ensure that the right of access to justice “does not become an illusion.” They expressed regret for resorting to this form of protest but underlined that it is a necessary step to safeguard the rule of law.
During the protest, courts will hear only urgent cases, such as the temporary suspension of administrative acts, urgent placement of minors, presidential ordinance involving children, protection order, involuntary medical commitment, conflicts of competence, procedural incidents, and requests for clarification or correction of previous rulings. In criminal matters, only cases involving fundamental rights and freedoms will be heard — including the verification of preventive measures (art. 208 CPC) and the extension of preventive arrest.
For litigants, this means that although activity is restricted, there are still legal solutions to obtain provisional protection. A civil lawyer, criminal lawyer, or litigation lawyer can file urgent applications such as presidential ordinance, challenge to enforcement, or temporary suspension, depending on the specifics of each case.
Types of Cases Heard During the Strike – Urgent Legal Matters in Romania That Cannot Be Delayed
The list of urgent cases mainly includes: presidential ordinance, evidence preservation, protection order, extension of preventive arrest, verification of preventive measures (art. 208 CPC), temporary suspension, challenge to enforcement, and Refugees – accelerated procedure.
In urgent situations, such as the risk of losing one’s home through foreclosure, a temporary suspension of enforcement may be requested under Article 719 of the civil procedure code. This provision allows the competent court to suspend enforcement until the challenge to enforcement or another related application is resolved, if justified by serious reasons. The suspension can be requested simultaneously with the challenge to enforcement or by a separate motion.
A civil lawyer or litigation lawyer can draft and submit such applications on behalf of clients, while a criminal lawyer ensures defense in cases involving preventive arrest or preventive measures.
What Happens to Other Legal Cases: Postponed Hearings and Procedural Deadlocks, But Family Law Urgencies Still Judged – Divorces, Child Custody, Property Division in Romania
All other court cases that do not fall into the urgent category are postponed until the normal activity of the courts resumes. Even so, a civil lawyer or litigation lawyer can act to protect the client’s interests by filing a presidential ordinance, challenge to enforcement, or temporary suspension.
In family law matters, a presidential ordinance can be used to temporarily regulate child custody or visitation rights. In employment or commercial disputes, it can serve to suspend abusive measures. The civil code and civil procedure code provide the legal basis for these swift procedures, which safeguard rights until the substantive case is resolved.
Suspension of Administrative Acts and Enforcement Proceedings in Romania – Exceptions Protecting Taxpayers’ Rights in Romania
In fiscal and administrative matters, taxpayers may request the temporary suspension of administrative acts if there is an imminent risk of harm. Likewise, submitting a challenge to enforcement can temporarily halt enforcement actions until the case is decided.
A civil lawyer specialized in administrative law can review the contested acts and draft the necessary applications, invoking provisions of the civil procedure code and relevant jurisprudence. Meanwhile, criminal lawyers handle urgent cases related to preventive measures, and litigation lawyers manage civil and commercial matters that cannot be delayed.
Protection Orders, Interim Injunctions, and Evidence Preservation in Romania – Cases Where Courts Continue to Operate in Romania
Even during the strike, courts continue to handle cases involving the immediate protection of individuals: protection orders, presidential ordinances, and applications for evidence preservation. In family law, a civil lawyer can file a presidential ordinance to obtain temporary custody arrangements or visitation rights.
At the same time, Refugees – accelerated procedures remain active, ensuring respect for international asylum rights. Through these instruments, justice continues to function for matters that cannot be postponed, and the assistance of a litigation lawyer remains essential to ensure that applications are properly drafted and supported.
“In the context of the magistrates’ strike and the temporary limitation of court activity, it is crucial for litigants to understand which legal remedies remain available to protect their rights. Instruments such as the presidential ordinance, challenge to enforcement, temporary suspension, or protection order continue to operate and can provide fast and effective solutions in urgent cases,” stated Dr. Radu Pavel, Managing Partner.
The Romanian Law Firm Pavel, Mărgărit & Associates provides comprehensive legal assistance in civil, criminal, and commercial matters, including emergencies arising during the magistrates’ strike.
Our team of civil lawyers, criminal lawyers, and litigation lawyers offers specialized legal advice for submitting applications for presidential ordinances, evidence preservation, challenges to enforcement, or temporary suspensions, ensuring the protection of clients’ rights and the continuity of legal remedies during procedural uncertainty.
Although the activity of courts is limited, citizens still have legal tools to defend their rights. Through presidential ordinance, evidence preservation, protection order, challenge to enforcement, or temporary suspension, a civil lawyer, criminal lawyer, or litigation lawyer can obtain rapid, provisional, and effective remedies.
Pavel, Mărgărit & Associates provides comprehensive legal advice and representation in urgent matters, ensuring the protection of clients’ interests amid the disruptions caused by the magistrates’ strike. In a constantly changing legal context, the lawyer’s role is more crucial than ever — turning procedural uncertainty into a concrete legal solution for those seeking justice.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.