This Country Profile provides a basic overview of the legal history and institutional structures of the Romania (Romania), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Romania’s Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Romania is located in Southeastern Europe and is adjacent to the Black Sea. It is bounded by the countries of Bulgaria, Hungary, Moldova, Serbia, and Ukraine. Romania also shares a maritime border with Turkey. The capital of Romania is Bucharest. The official language is Romanian. The country’s population in 2016 was approximately 23.6 million. Romania is a predominantly Christian country, with about 82% of the population Eastern Orthodox.
Constitution & Legal Structure
Romania is referred to as a semi-presidential republic. The Romanian legal system is based on civil law, under which only the Constitution and other statutory legislation constitute a legitimate source of legal rules. Therefore, unlike under the U.S. and other common law systems, the Romanian legal system does not formally recognize case law or judicial precedent as a source of legal rules; previously decided cases are not binding upon lower courts and do not create "law," but they may be invoked to support a line of reasoning by a court in a similar situation. The Romanian Constitution was ratified in 1991 after the communist regime fell in December 1989. Romania follows the principle of the separation and balance of powers—legislative, executive, and judicial—within the framework of constitutional democracy. Romania is a member state of the European Union.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Romania.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Romania.
Dominant School of Islamic Law
Romania has no official school of Islamic law.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].