Curtea Supremă Provincială a Transilvaniei (Tribunalul Suprem Provincial): o odisee a reorganizării sistemului judecătoresc (1861-1867)
The Provincial Supreme Court of Transylvania: An odyssey of reorganizing the provincial judiciary system (1861-1867)

Summary/Abstract: In the context of the Liberal period, started after the failure of Neoabsolutism, the reorganization of the judiciary system was of great importance and was influenced by various reform ideas and the balance between the main political conceptions, and the provincial nationalities, determined also by the events in Hungary. A provisional system was introduced for maintaining the continuity until a provincial Diet could be convened in order to draft reform laws in the field of justice and administration. As a result of the events in Hungary, which led to the dissolution of the Diet, the provisional organization continued and the Transylvanian Diet could only be convened in summer 1863. A law regarding the Supreme Court could be discussed in the autumn of 1864 and the Court began its work a year later in Vienna, being moved to Cluj in 1866. The illustration of this very complex legislative procedure followed by the Transylvanian Diet in these years, which supposed several debates over the project at the various levels, shows clearly the aspects of inter-institutional relationships between center and periphery, and also the communication between the most important persons involved, which shaped the legislative outcome. The continuity of Neoabsolutist laws in the field of justice, which proved their efficacy years later, the balance between nationalities and confessions of Transylvania, the importance of Centralist ideas at the level of political decision remain the most important coordinates which had an influence over the genesis of an important provincial institution.

• Details
• Contents