Justitia 4.0 – the pros and cons of digital court proceedings and notarial records in Romania

There is currently no legal basis for the implementation of digital notarial records in Romania. There are currently no concrete draft laws that provide for a corresponding introduction and thus personal attendance before the notary is still mandatory. With the exception of the questioning of individual witnesses or experts, which is possible under certain circumstances through the use of remote communication media (video/audio), there are currently no digitalisation efforts in the area of justice. All court hearings are held in Romania in the presence of the parties or, if applicable, by their legal representatives, before the competent courts.

The questioning of witnesses or experts by means of videoconference systems is currently planned in civil proceedings in those cases in which witnesses or experts are resident abroad. This procedure must be requested separately from the competent court. At the same time, the reasons for which personal attendance is not possible or not opportune and the court office abroad at which the questioning will take place must be notified in the application. The examination/questioning is carried out at the competent court in the presence of a representative of the court office abroad at which the questioning is carried out.