Dispute regarding the magistrates’ entitlements. Appeal. Optional jurisdiction

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

The provisions of Article 127 of the Code of Civil Procedure, regarding optional jurisdiction, can only be applied as regards the subject-matter jurisdiction of the court of first instance, which has subject-matter jurisdiction to settle the case in which they have the capacity as party, claimant or defendant, either a judge conducting his activity within the competent court or within the judicial control court, according to the decision of the Constitutional Court, or one of these courts. The use by the legislator of the notions of„claimant” and “defendant”, which the Constitutional Court referred to in the above decision, demonstrates that the rules of special jurisdiction governed by Article 127 of the Code of Civil Procedure are applicable in relation to the determination of the jurisdiction of the 
court of first instance, and not in relation to the jurisdiction of the judicial control courts.