In Romania there are two appeals possible against a decision regarding international protection. The first appeal is before courts of first instance (judecătorii), while the second appeal (recurs) is before county courts, administrative law sections (tribunale).

The courts of first instance analyse appeals lodged against international protection decisions taken by the General Inspectorate for Immigration (GII). There is automatic suspensive effect for appeals in the regular procedure (Article 55(2) Law No 122/2006 on asylum) and exceptions from automatic suspensive effect (see more under Other appeals) apply for appeals against:

• Decisions to reject access to national procedure and to order the transfer in the responsible Member State;
• Decisions considering a subsequent application as inadmissible;
• Decisions issued in the border procedure considering the first asylum application as manifestly unfounded or a subsequent application as inadmissible, when the applicant may ask for the permission to remain on the territory.

Courts of first instance (judecatorii) examine appeals in full and ex nunc, both on the merits and for legality assessment.

County courts analyse appeals lodged against decisions of courts of first instance. There is automatic suspensive effect for second appeals (recurs) in the regular asylum procedure (Article 66(4) Law No 122/2006 on asylum). See Other appeals for other procedures besides the regular asylum procedure.

County courts examine only legality aspects and not the facts.

Both courts of first instance and county courts are not specialised asylum courts. They are general courts which have sections or panels dedicated to cases regarding international protection.

The relevant legal provisions concerning the first and second appeal in asylum cases for status determination are Articles 55-69 of the Law No 122/2006 on asylum in Romania.

In Romania, a decision is considered final when the period for submitting an appeal has expired without an appeal having been filed or on the date on which the county court pronounced the second appeal decision (Article 17(7)(d) Law No 122/2006 on asylum).

Any possibility for a constitutional complaint would follow the generally applicable rules regarding constitutional complaints before the Constitutional Court (excepţie de neconstituţionalitate) (Law No 47/1992 on the organisation and functioning of the Constitutional Court).