Jurisdiction for annulment of penitentiary detention placement and transfer refusals

The High Court of Cassation and Justice, through its Panel for Deciding Recourse in the Interest of Law, admitted the recourse filed by the Presiding Council of the Iași Court of Appeal and established that the appellate courts, specifically through their administrative litigation sections, hold the exclusive jurisdiction to adjudicate requests for the annulment of decisions by the National Penitentiary Administration concerning the assignment of the place of detention or the refusal of transfer to another penitentiary. The dispute concerned a jurisdictional conflict regarding the proper forum for challenging administrative decisions issued by the prison administration, requiring a definitive ruling on whether such matters fall under the purview of civil or administrative courts. Relying on Article 9(2)(a) and Article 56(2) of Law No. 254/2013 regarding the execution of penalties, in conjunction with Article 5(2) and Article 10(1) of Law No. 554/2004 on administrative litigation, the Court determined that these issues are subject to judicial review within the administrative justice system, thereby mandating that all such cases be processed by the competent administrative litigation sections of the Court of Appeal.