Law No. 142 Of 24 July 1997 Amending And Supplementing Law No. 92/1992 For The Judicial Organisation

Original Language Title:  LEGE nr. 142 din 24 iulie 1997 privind modificarea şi completarea Legii nr. 92/1992 pentru organizarea judecătorească

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Law No. 142 of 24 July 1997 amending and supplementing law No. 92/1992 for the judicial organisation published in PARLIAMENT ISSUING OFFICIAL GAZETTE nr. 170 of 25 July 1997, the Romanian Parliament adopts this law.


Article 1, law No. 92/1992 for the judicial organization, published in the Official Gazette of Romania, part I, no. 197 of 13 august 1992, as amended, modified and completed as follows: 1. Article 1 shall read as follows: Art. 1.-judicial authority is composed of the courts, the Public Ministry and the Superior Council of magistrates, each with its own powers stipulated in the Constitution and by law.
The judicial power is separated from the other powers of the State, having regard to the EC's own powers are exercised through the courts, in accordance with the principles and provisions of the Constitution and other laws of the country. "
2. Article 2 shall read as follows: Art. 2.-any person may apply to the judiciary for the protection of rights, freedoms and legitimate interests. No law may restrict the exercise of this right.
Infaptuiesc justice courts for the purposes of defence and realisation of fundamental rights and freedoms of citizens, as well as other legitimate rights and interests be deducted worldwide judgment.
The courts shall judge all processes concerning the judiciary civil, commercial, labor, family, administrative, criminal, or any other causes for which the law does not establish any other jurisdiction.
The Public Ministry represents the judicial activity of the general interests of the society and defend legal order, as well as the rights and freedoms of citizens.
3. Article 12 shall be repealed.
4. In article 13, paragraphs 2 and 3 shall read as follows: "the Presidents of the tribunals and courts of appeal are helped in the performance of 1-3 Vice Presidents. The Minister of Justice sets out the tribunals and courts of appeal from which it will be two or three Vice Presidents, and the Presidents of the courts who are assisted by a Vice President.
The Presidents of the courts shall designate the judges to comply with the law and regulations, and other duties than those relating to the work of the Court. "
5. Article 14 shall read as follows: Art. 14.-the courts and the courts of appeal may have two or more wards.
The number of sections of the courts and the courts of appeal shall be established by the Minister of Justice, in relation to the volume of activity and the nature of the subject after deducted worldwide judgment. The Minister of Justice establishes courts to which operates sea and river sections, for prosecuting the causes provided by law. "
6. Article 15 1 shall read as follows: "Sections of the courts and courts of appeal are headed by a Chair of a Department."
7. Article 16 2 shall read as follows: "criminal cases concerning minors shall be judge of judges specifically designated by the President of the Court."
8. Article 18 shall read as follows: Art. 18.-causes of data under the law in the jurisdiction of the Court of first instance courts, tribunals and courts of appeal shall judge by a single judge.
It calls for courts and judges of courts of appeal in fully-formed of 2 judges.
Appeals and tribunals shall judge of the courts of appeal in completely composed of 3 judges.
If the justices who enter into the composition of the Panel referred to in paragraph 1. 2 do not reach an agreement on the decision of the judge, the process is again in complete divergence.
Panel of divergence is constituted by the inclusion, in the Panel of judges, the President or Vice-President of the Court or of a judge appointed by other Chairman. "
9. Article 19 shall read as follows: Art. 19.-Superior Council of Magistracy and the Minister of Justice shall ensure respect for the independence of the judiciary.
The Minister of Justice is responsible for the proper organization and functioning of Justice as a public service. Inspectors from the judges through the courts of appeal, the Minister of Justice is informed of the functioning of the courts and the deviations likely to compromise the quality of work, law enforcement and regulations in the courts of appeals districts.
Presidents and Vice-Presidents of the courts service and quality check organization, compliance with laws and regulations within the institution I lead and the courts of its constituency. Presidents of courts of appeal exercising this responsibility and the courts of inspectors within the Court.
Under no circumstances does checks may lead to interference in the conduct of ongoing processes or into question what has already been tried. Not be considered interference with the exercise of the attributions given by law to the Minister of Justice with regard to judicial remedies. "
10. Article 22 shall be repealed.
11. Article 26 shall be repealed.
12. Article 29 shall be repealed.
13. Title III "Public Ministry" shall read as follows:% quot% TITLE III chapter I Public Ministry common provisions Art. 30.-the Public Ministry shall exercise its powers through public prosecutors, constituted into public prosecutor's offices within each court, under the authority of the Minister of Justice.
The work of the Public Prosecutor is organized according to the principles of legality, impartiality and hierarchical control.
The Public Ministry is independent in its relations with other public authorities and shall exercise their powers only under the law and to ensure its compliance.
Art. 31. The Public Ministry-powers are as follows: a) prosecution in the cases and under the conditions provided for by law;
  

b) oversight of the criminal investigation conducted by the police and other organs; in pursuit of this duties, Prosecutor leads and controls the activity of criminal investigation, the provisions given by Prosecutor compulsory criminal investigation authorities;
  

c) referral of the courts for prosecuting criminal cases;
  

(d) civil action) in pursuit of the cases provided for by law;
  

e) participation, in accordance with the law, in the meetings of the Court;
  

f) exercising rights of appeal against judgements, as provided by law;
  

g) ensuring compliance with the law in the enforcement of judgments and other enforceable instruments;
  

h) verification of compliance with the law in places of pre-trial detention, enforcement of sentences, educational measures and safety;
  

I) to protect the rights and interests of minors and persons under interdiction;
  

j) studying the causes that generate or favor crime, development and submission of proposals to eliminate them, as well as for the improvement of criminal legislation.
  

Exercise any other Public Ministry duties provided by law.
Art. 32.-prosecutors in every driver's subordinates that hardwood floors are parquet.
The driver of a parquet is subordinate to hierarchically superior prosecutor's driver from the same constituency.
Hierarchically superior prosecutor can meet any of the powers of the prosecutors responsible for and to suspend or to refute the acts and their provisions, if they are contrary to the law.
Provisions of the hierarchically superior prosecutor, pursuant to law, shall be binding on prosecutors in subordinates. However, the Prosecutor is free to submit in court findings that they consider to be valid according to the law, taking into account the evidence based on the cause.
Art. 33.-In exercising them, prosecutors are entitled to directly support public force agents, who are required to carry out the provisions of the Prosecutor.
Art. 34.-Each flooring fits with the required number of prosecutors.
Structure and organisation of prosecutors ' offices, as well as all device and establishment of prosecutors ' offices to which they will establish sea and river sections, offices and forensics and Criminology services shall be established by the Minister of Justice, on a proposal from the prosecutor general's Office of the Supreme Court of Justice.
Distribution of prosecutorial activity bins shall be made by the head of each.
Art. 35.-military prosecutors ' offices will be organized and will operate according to the law.
Art. 36.-the public prosecutor are compared with independent courts.
Art. 37. the Minister of justice provisions, either directly or through the Attorney general, to ensure compliance with and enforcement are required.
Art. 38.-the Minister of Justice, through public prosecutors, inspectors within the Prosecutor's Office near the Supreme Court of Justice and the public prosecutor's Office from the courts of appeal and other prosecutors, exercise control over the delegates of all prosecutors.
When considered necessary, the Minister of Justice, on its own initiative or at the request of the Superior Council of Magistracy shall carry out control by inspectors general or through public prosecutors, in relations with detached Public Ministry and co-ordinating strategy antiinfractionale of the Ministry of Justice.
The check shall be carried out by checking the works, how relationships are conducted with the litigants and other people involved in the work of the Prosecutor's jurisdiction, and by the appreciation of the work, training and professional skills of prosecutors.
The Minister of Justice may wax attorney-general's Office of the Supreme Court of Justice, the Prosecutor's information and to give guidance as to measures to be taken to combat the phenomenon infractional.

The Minister of Justice has the right to make available, directly or through the Attorney general, the competent prosecutor to begin, under the law of criminal procedure for offences of which it has knowledge and to promote actions in front of the courts of appeal and horses needed defense of the public interest. Will not be given, however, provision for stopping criminal prosecution procedure legally open.


Chapter II the public prosecutor's Office attached to the judges and tribunals Art. 39.-the public prosecutor's Office and courts are headed by Prime prosecutors.
Prosecutors prosecutors Prime's courts are assisted by Deputy. At the recommendation of the Minister of Justice, the general prosecutor's Office of the Supreme Court of Justice, the public prosecutor's Office shall determine judges at Prime are helped by Assistant prosecutors.
Art. 40. The public prosecutor's Office-tribunals have wards run by prosecutors-heads.
Art. 41. Prime prosecutors prosecutors of the tribunals to exercise control over the prosecutors from their constituency.


Chapter III Public Prosecutor's Office attached to the courts of appeal and the Prosecutor's Office attached to the Supreme Court of Justice Art. 42.-the public prosecutor of the Court of appeal, are led by prosecutors General. Prosecutors prosecutors generals of the appeal courts are assisted by Deputy.
Art. 43. Prosecutor-General Prosecutors of the Court of appeal to exercise, directly or through public prosecutors, inspectors, control over prosecutors ' offices from their constituency.
Art. 44. in addition to flooring-the Supreme Court of Justice is headed by the prosecutor general, aided by 2 deputies.
The Attorney general's Office of the Supreme Court of Justice is promoted and dismissed by the President of Romania, at the recommendation of the Minister of Justice.
The Attorney general's Office of the Supreme Court of Justice to exercise, directly or through public prosecutors, inspectors, control of all prosecutors ' offices.
Within the Office of Supreme Court Justice works this College, as an advisory body. Strand College is established by order of the general prosecutor's Office of the Supreme Court of Justice.
The Attorney general's Office of the Supreme Court of Justice shall participate in the meetings of the Supreme Court of Justice, in the wards.
The Attorney general's Office of the Supreme Court of Justice shall appoint, from among the prosecutors of this flooring, prosecutors who participate in sessions of Constitutional Court in cases stipulated by law.
Art. 45. in addition to flooring-the Supreme Court of Justice and the public prosecutor's Office attached to the Court of appeal, have led public prosecutors departments structure, which can be helped by deputies. Within the sections can operate services and offices run by Chief prosecutors. "
14. Article 47 shall read as follows: Art. 47. Within the judiciary, the hierarchy of functions execution and leadership is determined in relation to the level of the courts and of the prosecutors ' offices, in compliance with the conditions for professional training and work experience in the judiciary as provided for in this law.
Specialist legal staff from the Ministry of Justice, regardless of seniority, is assimilated by magistrates during the completion of the function. "
15. Article 48 paragraph 1 shall read as follows: "the judiciary Constitute the period in which a person has performed the functions of judge, Prosecutor, legal specialist staff in the Ministry of Justice, the National Institute of Magistracy or in the laboratories of expertise in forensics from the subordination of the Ministry of Justice, the Attorney or Assistant magistrate at the Supreme Court of Justice, the Minister of Justice Secretary of State, times of general Secretary in the Ministry of Justice, the functions of legal specialty in the former State of arbitration. "
16. Article 50 paragraph 1 letter b) shall read as follows: "(b)) is the Bachelor of law or economic-administrative law, has a track record required by law for the function to be called and proves appropriate vocational training;"
17. In article 50, paragraph 1 after the letter "e") is inserted in point f), with the following content: "f) graduated from the National Institute of Magistracy or has passed the admission exam times contest in judiciary, organized according to the rules approved by the Minister of Justice."
18. Article 52 paragraph 1 shall read as follows: "before you start to exercise their function, magistrates are required to submit the following oath: lt; Lt; I swear to respect the Constitution and laws of the country, to defend fundamental rights and freedoms of citizens, let me meet with honor, conscience and without any bias I powers. So help me God! GT; GT; Referring to the deity of the formula of the oath are changing according to the religious belief of the magistrates. "
19. Article 55 shall read as follows: Art. 55.-To judges and the public prosecutor's Office attached to these instances may work judges and prosecutors, respectively, trainees, appointed by order of the Minister of Justice, in compliance with the conditions laid down in article 21. 50. Prosecutors shall be appointed upon the proposal of interns of the prosecutor general's Office of the Supreme Court of Justice.
Delegation and dismissal of judges and prosecutors shall have the interns by the Justice Minister. "
20. After article 55 shall be inserted in article 55 ^ 1 with the following content: "Art. 55 ^ 1. -Trainee judges and prosecutors who have not graduated from the National Institute of Magistracy carries out a period of 2 years.
Presidents of courts and prosecutors ' offices of Prime prosecutors in addition to these courts responsible for ensuring conditions for a normal good internship and training of trainee magistrates. "
21. Article 58 shall read as follows: Art. 58.-the examination provided for in article. 57 will consist of oral evidence, on the basis of which the Commission can form the belief that judge trainee has learned the necessary knowledge to be able to participate in the work of the Court.
After the examination, the President of the Court of appeal will communicate to the Minister of Justice and the President of the Court if the judge trainee has obtained the right to participate in the work of the Court. In case of nepromovare of the exam, will be stable, a new date for the review judge trainee.
The Minister of Justice may order the dismissal of judge trainee who was rejected twice in the exam; 57. "22. Insert after article 58 article 58 ^ 1 with the following content: "Art. 58 ^ 1. Judges-trainees who have obtained the right to participate in the work of the Court will be able to judge: 1. In civil matters: a) demands placed on the way home, relating to retirement; property disputes between individuals, involving the payment of a sum of money or handing over of a movable, where the value of the dispute does not exceed 10 million lei and not a sequence or imparteli; holders of shares; applications for entries in the registers of civil status; precautionary measures; claims of any kind relating to garnishment; labor disputes concerning claims of money whose value does not exceed 10 million lei;
  

b) processes and applications, according to the law, judges in deciding the last court;
  

c) applications and appeals under the competence of the courts concerning the causes referred to in subparagraph (a). the a and b)).
  

2. In criminal matters: a) the crimes referred to in articles. 279 paragraph 2. 2(a) a) of the code of criminal procedure;
  

b) applications and appeals courts shall have jurisdiction in respect of offences referred to in subparagraph (a). a);
  

c) applications for rehabilitation. "
  

23. Article 63 shall read as follows: Art. 63.-capacity exam consists necessarily in written and oral evidence, theoretical and practical nature. The samples will be included in the theoretical principles and the basic institutions of civil, commercial, criminal, constitutional, procedural and judicial organization; practical evidence will consist in the development of a practical character written works.
Rules of conduct of examination of capacity of magistrates shall be approved by the Minister of Justice, the Superior Council of the judiciary. "
24. Article 64 paragraph 2 shall read as follows: "the Superior Council of magistrates, within 30 days after receiving the results, validate the exams, collect the results and draw up, in order of averages obtained, grading table of candidates on the basis of which it will make appointments to vacancies."
25. In article 65, paragraph 5 shall be inserted after the two paragraphs, with the following content: "the Superior Council of Magistracy (SCM) has the obligation to carry out the formalities relating to the appointment of magistrates who were declared to be serious examination of capacity, within 3 months from the date of validation of the examination capacity.
In the period between the date of validation of the examination capacity and date of appointment by the President of Romania, the magistrates will receive appropriate salary tool immediately above that of judge trainee. "
26. According to article 65 Article 65 is inserted: ^ 1 with the following content: "Art. 65 ^ 1. -Where the magistrate has not been proposed by the Superior Council of magistrates to be appointed by the President of Romania, within a maximum period of 6 months from the date of validation of the examination capacity shall terminate membership.

Against the refusal of the Superior Council of Magistracy of Romania's President proposes the appointment of magistrates, it can address complaint with the Supreme Court within 30 days of the expiry of the period referred to in paragraph 1. 1. the complaint is executing. suspensive The Supreme Court of Justice judge the complaint in full consisting of 9 judges. The judgment is final. "
27. Article 67 shall read as follows: Art. 67. in order to be promoted to higher positions, the magistrate must have a praiseworthy activity, attested by qualifications notes hierarchical chiefs.
Qualifying notes shall be granted annually and will reflect the results of professional magistrates, and behaviour in society, its qualities, as well as the prospects of development in the profession.
For judges who hold leadership positions, ratings will mention the managerial qualities.
The minimum age conditions which must be satisfied by the magistrates are as follows: a) the functions of a judge of the tribunal, the Prosecutor at the Prosecutor's Office, Court President, Vice-President of the Court, the Prosecutor's Office of the Court and the Deputy Prime Minister, to have the magistrate at least 4 years;
  

b) for President, Vice President, President of the ward of court, Prosecutor's Office, courthouse Deputy and Chief of section of the Prosecutor's Office to have a courthouse, the magistrate of at least 5 years;
  

c) for appeals court judge or Prosecutor in the public prosecutor's Office attached to the courts of appeal, have an old master at least 6 years;
  

d) for President, Vice President, President of an appellate court, the prosecutor general's Office of the Court of appeal, Deputy Prosecutor and head of the Department's Office of the Court of appeal, and the Chief Prosecutor and Prosecutor at the Prosecutor's Department of the Supreme Court of Justice, to have the magistrate of at least 8 years;
  

e) for the Attorney general's Office of the Supreme Court of Justice and the Deputy Prime Minister, to have the magistrate of at least 10 years.
  

Promotion to leadership positions of magistrates shall be made for a period of 4 years, with the possibility of reinvestment.
Promote the leadership positions in the judiciary will realize, in addition to their professional qualities, managerial skills of magistrates, especially the ability of organization and decision, the degree of communicativeness tact in dealing service, objectivity in the assessment of employees. "
28. Article 68 shall read as follows: Art. 68.-by way of exception can be appointed in judiciary, without competition or exam in any of the functions referred to in article 1. 67 lit. a), b) and (c)), people who have the title of doctor in law or have had the quality of a magistrate or inspector general times legal adviser Ministry of Justice or Attorney for a period of at least five years.
In the cases of paragraph 2. 1, length of service required under article 9. 67 to occupy one of the functions of the judiciary, shall be increased by three years. "
29. In Title IV, "" body of magistrates in chapter II "the judiciary" after section II insert section III "National Institute of Magistracy", with the following content: "Section of the National Institute of Magistracy Art. 70 ^ 1. -National Institute of Magistracy is the public institution subordinated to the Ministry of Justice, which exclusively carries out preparation of prospective judges and prosecutors, as well as further training of magistrates, in accordance with the provisions of this law.
The National Institute of Magistracy is not part of the national education system and education and is not subject to the legal provisions in force regarding the accreditation of institutions of higher learning and the recognition of diplomas.
The National Institute of Magistracy shall have legal personality and seat of the municipality of Bucharest.
Art. 70 ^ 2. -National Institute of Magistracy is headed by a Board consisting of 11 members, of which: a judge of the Supreme Court of Justice, a Prosecutor from the public prosecutor's Office attached to the Supreme Court of Justice, a judge of the Bucharest Court of appeal, a Prosecutor from the public prosecutor's Office attached to the Court of appeal Bucharest, appointed by the Superior Council of Magistracy; 3 elected representatives of the staff training Institute, Director of the human resources Directorate of the Ministry of Justice; 2 representatives of Justice Auditors who attend training courses.
The Director of the National Institute of Magistracy and the two Deputy are appointed by order of the Minister of Justice.
The Director of the National Institute of Magistracy is part of the Council.
The term of Office of the members of the Council of the National Institute of Magistracy is 3 years, with the exception of the mandate of the representatives of Justice Auditors, who shall be elected for a term of Office of members of the Board year. can be renewed.
At meetings of the Board may participate, without the right to vote, the representatives of the legally constituted associations of magistrates.
Art. 70 ^ 3. -National Institute of Magistracy Council deliberates on questions relating to the organisation and functioning of the National Institute of Magistracy, and its budget.
Decisions of the Council of the National Institute of Magistracy shall become enforceable upon approval by the Minister of Justice.
Art. 70 ^ 4. -Director of the National Institute of Magistracy and his adjuncts assure current activity and to comply with decisions of the Council.
Art. 70 ^ 5. -Training Personnel of the National Institute of Magistracy is provided, usually from among judges and prosecutors, which can be detached, with their consent, at least three years in the Institute.
Personnel of specialized legal training of the National Institute of Magistracy is established through the assimilation of its functions with the duties of a magistrate in relation to length of service in the judiciary, in accordance with the law concerning remuneration and other entitlements of the staff of the judicial authority bodies.
The National Institute of Magistracy may use, in accordance with the law, and academics, on the other hand, Romanian and foreign, as well as magistrates depending on their ages, or for conducting process training and professional development.
State personnel and payroll functions of the National Institute of Magistracy shall be approved by the Minister of Justice, within the limit of the total number of approved posts for the justice system.
Art. 70 ^ 6. -Duration of training of magistrates under specific National Institute of Magistracy is 1-2 years.
Each year, the Minister of Justice shall determine the duration and number of students, depending on the number of judges and prosecutors needed to fill vacancies.
Art. 70 ^ 7. -Admission to the National Institute of Magistracy, which constitutes the main recruitment of magistrates, is done on a competitive basis, to which persons are entitled to participate which satisfy the conditions laid down in article 21. 50 lit. a)-(e)).
Art. 70 ^ 8. -Comission, conditions of contest and conduct thereof shall be established by the regulation approved by the Minister of Justice.
Art. 70 ^ 9. Candidates admitted to the competition for entry into the National Institute of Magistracy have quality Auditors and receive a monthly stipend equal to the salary of a trainee judge, which shall be paid from the Fund provided scholarships to the budget of the Ministry of Justice, in relation to the length of service.
Art. 70 ^ 10. -Preparing candidates for career justice magistrate is based on knowledge of trends and developments in the main legal institutions, including comparative law, and, in particular, on the acquisition of practical knowledge needed to become a judge or Prosecutor.
Art. 70 ^ 11. In between courses, the justice Auditors will conduct internships within the courts and prosecutors ' offices, will be carried out under the guidance of staff training and the magistrates courts and prosecutors ' offices, the registry works across all services, will be present at the sittings of the Court and the prosecution to get to know directly the activities they carry out auxiliary magistrates and staff.
Art. 70 ^ 12. -Where justice Auditors do deviate from the duties delegated to them or to the rules of procedure of the National Institute of Magistracy, disciplinary action may be punished by the Director of the Institute.
Disciplinary penalties that can be applied to the Auditors of justice are observed: (a));
  

b) warning;
  

c) expulsion from the Institute, with tuition reimbursement.
  

Art. 70 ^ 13. -On completion of the National Institute of Magistracy, Justice Auditors will support a test which will consist mainly in practical evidence, by demonstrating that they have learned the knowledge of the function of judge or Prosecutor.
The exam will be sustained in the face of a Joint Committee consisting of 3 members of the staff training Institute and three magistrates from the public prosecutor's offices and courts, appointed by order of the Minister of Justice.
Graduates of the National Institute of Magistracy shall be issued a certificate.
Art. 70 ^ 14. -Graduates of the National Institute of magistrates will be appointed trainee magistrates by the Justice Minister.

Trainee judges, graduates of the National Institute of Magistracy, are entitled to judge in cases referred to in article 1. 58 ^ 1; attorneys trainees, graduates of the Institute are entitled to put the findings in court and to sign procedural documents, except those relating to freedom of the person.
After six months of actual operation, magistrates in training, graduates of the National Institute of Magistracy, are entitled to enroll in exam. The provisions of article 61-65 shall apply.
Art. 70 ^ 15. -Judges and prosecutors training, graduates of the National Institute of Magistracy, statutory provisions applicable to them relating to the trainee's magistrates.
Where the duration of the National Institute of Magistracy, established in accordance with the law, will be 2 years, graduates have the right to sign up directly for the examination of capacity.
Art. 70 ^ 16. -Organization and functioning of the National Institute of Magistracy shall be determined by regulation, drafted by the Council of the Institute and approved by the Minister of Justice. "
30. Article 73 shall read as follows: Art. 73.-Supreme Council of Magistracy has the following duties: (a) the President of Romania), to propose a recommendation to the Minister of Justice, the appointment of the President, the Vice-President and the Chairmen of the departments of the Supreme Court of Justice;
  

b) proposes the President on the recommendation of the Minister of Justice, the appointment of judges of the Supreme Court of Justice;
  

c) proposes the President on the recommendation of the Minister of Justice, the appointment of other judges and prosecutors, with the exception of trainees;
  

d) has, on the proposal of the Minister of Justice, concerning the promotion, transfer, suspension from Office of judges and the termination thereof;
  

e) validates the ability of examinations of magistrates;
  

f) role of the Board meets the discipline of judges;
  

g) give opinions at the request of the Minister of Justice, with regard to the administration of the courts, tribunals, courts of appeal and prosecutors ' offices.
  

The Superior Council of Magistracy (SCM) exercise any other powers provided by law.
The Superior Council of Magistracy may ask the Ministry of Justice, courts or prosecutors relationships or acts relating to their professional activity or to the conduct of magistrates.
For appointment to the position of President of the Supreme Court of Justice, the President of Romania will be presented three proposals.
The Superior Council of Magistracy carries out its work in the presence of at least two-thirds of its members and adopt decisions by a majority of votes of the members of the Council.
Proceedings of the Superior Council of Magistracy shall be chaired, without voting rights, Minister of Justice, with unless it fulfills the role of a Board of discipline, when it is chaired by the President of the Supreme Court of Justice.
The preparation works for the work of the Superior Council of Magistracy shall ensure by the Directorate of the Ministry of Justice in charge of human resources. The work of the secretariat of the Superior Council of Magistracy shall be performed by a specialized compartment of this directions. "
31. According to article 74 Article 74 is hereby inserted ^ 1 with the following content: "Art. 74 ^ 1. -Members of the Superior Council of Magistracy shall be entitled to an allowance as determined by the law on salaries and other entitlements of the staff of the organs of the judicial authority. "
32. Article 75 shall read as follows: Art. 75.-judges appointed by the President of Romania shall be irremovable. Prosecutors and judges interns enjoy stability.
Judges may not be arrested, detained, research, perchezitionati without judgment or placed in the opinion of the Minister of Justice.
The Interior Ministry is obliged to provide, upon request, their families and magistrates protection in cases in which the life, bodily integrity or their possessions are subject to threats. "
33. paragraph 1 of article 76 shall read as follows: "Judges may be relieved from offices they own, only in the following cases: a) resignation;
  

b) retirement age limit or incapacity for work, according to the law;
  

c) transferring to another function, in accordance with the law;
  

d) if it was against the magistrate got the measure of leaving from the HIPC initiative, either as a disciplinary penalty, either for professional incapacity or obvious disease mental;
  

(e)) where the magistrate has been convicted for a definitive Act provided by the criminal law;
  

f) if the magistrate no longer satisfies the conditions laid down in article 21. 50 lit. a)-(e)). "
  

34. paragraph 2 of article 76 shall read as follows: "When a magistrate put in motion criminal proceedings, it will be suspended as from Office pending the final decision of backwardness. Justice Minister, by order, will ascertain the existence of the suspension of the magistrate. About the magistrate will be încunoştinţat by the Minister of Justice. "
35. paragraph 4 of article 76 shall read as follows: ' in the cases referred to in paragraph 1. and (b). d) and (e)), membership lapses as magistrate on whether a final judgment which ordered the removal from the HIPC initiative or condemnation. "
36. is inserted after article 79 article 79 ^ 1 with the following content: "Art. 79 ^ 1. -The Minister of Justice may order the separation of the judges irremovable, only with the written consent of the Ministry of Justice, the National Institute of Magistracy, to other courts or other public authorities.
The duration of the posting is between 6 months and 3 years. Separation may be extended for a period of up to 3 years, once only, in compliance with the conditions laid down in paragraph 1. 1. Letting go can to prosecutors has the Minister of Justice, in compliance with the conditions laid down in paragraph 1. 1 and 2.
During the period of posting, the judges and prosecutors retains the status of magistrates and enjoys the rights provided by law for the staff seconded. When the salary and other pecuniary rights laid down in the detached magistrate who is those who are inferior to it enjoys in his capacity as magistrate, he retains the salary and other pecuniary rights of the magistrate's function. "
37. Article 80 paragraph 1 shall read as follows: ' where a magistrate is suffering from a mental illness, the Minister of Justice, on the basis of a written report, and after consideration by a Commission composed of three mayors, doctors will order the suspension from Office of the magistrate, noticing immediately Superior Council of Magistracy. The suspension shall cease as if within one month of the Superior Council of magistrates decides on dismissal of the magistrate or the extension of the suspension. "
38. Article 80 paragraph 3 shall read as follows: "Against expulsion decisions from the HIPC initiative, taken in the cases provided for in paragraph 1. 1 and 2, the magistrate may make opposition within a period of 30 days after the communication. The opposition is judge at the Supreme Court of Justice, in completely composed of 9 judges. The judgment by which it resolves is irrevocable. appeal "
39. Article 81 shall read as follows: Art. 81.-salary Magistrates shall receive fixed in relation to the level of court redress for stability in the judiciary, in order to fulfil a function of leadership to participate in the sessions of the Court, of the work increases, the risk for unnecessary neuropsihica, for scientific, as well as other rights stipulated by the law. "
40. According to article 81 shall be entered in articles 81-82 ^ 1 ^ 11, with the following content: "Art. 81 ^ 1. -The activity or retired Judges, as well as your husband or wife and dependent children of them benefit from free healthcare, medicines and prostheses.
Conditions for granting free medical assistance, medicines and prostheses are established by decision of the Government, within 30 days after the entry into force of this law.
Art. 81 ^ 2. -Magistrates shall receive budgetary funds of insurance, life, health and property, within the limits of revenues for 15 years.
At dismissal, the insurance referred to in paragraphs 1 and 2. 1 shall cease.
Art. 81 ^ 3. -Magistrates shall receive an annual holiday for 30 working days, paid. The conditions for the grant and payment of paid rest periods shall be determined by the regulation approved by the Minister of Justice.
During the period of the leave, the magistrates shall once a year, free shipping, both ways, between place of residence and the locality of the country spend their annual leave.
Art. 81 ^ 4. -Magistrates shall receive, on an annual basis, the 12 round-trip voyages, with discounted rates by 50% in national transport by railway class I, automotive, naval and air transport.
The conditions for granting the rights referred to in paragraph 1. 1 and art. 81 ^ 3 para. 2, as well as funds from which supports these rights shall be determined by decision of the Government, within 30 days after the entry into force of this law.
Art. 81 ^ 5. -Magistrates with a length of at least 25 years in the judiciary enjoys at the age prescribed by law, the pension service, in the amount of 80% of the net income realized from base salary, the bonus for seniority of work and increase stability in the judiciary, considered the retirement date.
For each year that exceeds the length of the judiciary pursuant to paragraph 4. 1 Add to the amount of the pension of 1% of net income, without being able to exceed 100% of the net income determined in accordance with paragraph 1. 1, had the retirement date.

Part of the pension service that exceeds the level of the pension from the State social insurance system shall support from the State budget. additional Pension shall be determined in accordance with the law on pensions of State social insurance and social assistance.
Magistrates ' pensions will be updated in relation to the level of salaries of magistrates.
These rights also benefit reincadrati magistrates after his retirement.
Art. 81 ^ 6. -Old Magistrates continue in master of at least 20 years to retirement benefit or to dismissal for reasons not attributable, of an allowance equal to the basic net salaries 5.
The allowance provided for in paragraph 1. 1 shall be granted once during her career as a magistrate.
Art. 81 ^ 7. -Magistrates in age up to 35 years will be supported in building or buying a private housing in the locality in which it is the seat of the Court or the Prosecutor's Office that works with the granting of long-term loans with low interest rate, according to the law.
Under the conditions provided by law, may establish, by decision of the Government, credit for magistrates and other personnel from the justice system.
Art. 81 ^ 8. -Magistrates operating at courts or the public prosecutor's offices in rural areas shall be enabled to housing by the local government for the period in which they work in that locality.
Art. 81 ^ 9. -There shall be established the order and judicial merit Medal ", which gives the magistrates in activity, the judiciary as a judge or Prosecutor, considering the results obtained in activity, meritorious observance of prescribed duties and annual rating of" very good ".
The order and medal "Merit" is granted by the President of Romania, at the initiative of the Superior Council of Magistracy.
Art. 81 ^ 10. -The order and the judicial merit Medal "is conferred as follows:-the order of judicial merit" class I, for 25 years of service in the judiciary;
-Order of merit "class II, for 20 years of service in the judiciary;
-Order of merit "class III, for 15 years of service in the judiciary;
-Merit Medal "class I, for 10 years of service in the judiciary;
-The Medal "Merit" class II, for 5 years of service in the judiciary.
In the case of interruption of the work of the judiciary, the time the magistrate took another activity will not be factored into the calculation of seniority in respect of which the magistrate is conferred by order or medal.
Description of the order and the medal is laid down in special regulations.
Art. 81 ^ 11. -Magistrates in activity, decorated with the order of merit "class III, II and I benefit from the income tax reduction of 30%, 40% and 50% respectively, while those decorated with the Medal" Merit "class II and I benefit from the income tax reduction of 20% and 25%, respectively.
Retired judges, decorated with the order of merit "class III, II and I, an increase of 10%, 15% and 20%, respectively, of the amount of the pension, without exceeding salary updated."
41. In article 83 shall be inserted a paragraph, reads: "the magistrate can opt as basic function, according to the law, to be in an institution of higher education, having the obligation to observe the length of working time and other duties stipulated by law or court order. In this situation, the work schedule of the magistrate court or Prosecutor shall be determined in agreement with the public prosecutor's Department or of the driver. "
42. Article 84 shall read as follows: Art. 84.-it is prohibited to exercise them Magistrates, directly or through the person's status, trade activities, participation in the management of commercial companies or civil. Also, it is prohibited from participating in the management of such companies. "
43. Article 85 shall read as follows: Art. 85. the Magistrates can collaborate-specialized publications, literary, scientific, or social, or audiovisual shows, but not to participate in political actions. "
44. Article 91 shall read as follows: Art. 91. — Magistrates are obliged to carry out, at least once every 5 years, in accordance with the programming approved by the Minister of Justice, internships or, where appropriate, by professional training at the National Institute of Magistracy at the institutes of higher education in the country or from abroad or within organised forms of Court of appeal or, as the case may be, of the public prosecutor's Office attached to the courts of appeal.
Every appellate court flooring and in addition will be appointed a magistrate responsible for the further training of the magistrates. "
45. Article 95 paragraph 1 shall read as follows: "the disciplinary Sanctions that may be applied to magistrates in relation to the seriousness of the irregularities are: a) observation;
  

b) reprimand;
  

c) diminishing the basic wage by up to 15% for a period of 1-3 months;
  

d) disciplinary move for a period of 1-3 months at a court or at a wooden floors, situated on the territory of the same Court of appeal, namely the addition of flooring;
  

e) the suspension for a maximum of 6 months;
  

f) removal from the HIPC initiative. "
  

46. In article 97, paragraph 2 shall read as follows: "a preliminary Investigation is carried out by judges having at least the same degree of supervision with the judge, or by the Inspector General or other person assimilated to magistrates from Justice Ministry."
47. Article 101 shall read as follows: Art. 101.-against the judgments of the Superior Council of the judiciary or of the discipline Commission of the Public Ministry, the magistrate in the case of opposition can be made within 30 days of the notification of the decision appealed from.
The appeal is submitted to the disciplinary Commission which has pronounced judgment and shall judge of the Supreme Court of Justice, in completely composed of 9 judges. The judgment by which it resolves is irrevocable. "
48. Title VIII Name will be: "staff, economic, administrative and service."
49. Article 104 para 1 shall read as follows: "The judges, tribunals and courts of appeal, as well as to all prosecutors ' offices assistants work, economic, administrative and service."
50. Article 105 par. 2 shall read as follows: "the courts and the public prosecutor's Office and they will have an economic-administrative, headed by a chief accountant, for their own activities, as well as for the work of the courts and prosecutors ' offices from their constituency. In the capital city of the County in which the Court operates, the economic capital of the compartment of the courts or prosecutors on the next they will serve and the work of these courts, prosecutors ' offices attached thereto. "
51. Article 107 shall read as follows: Art. 107.-economic-administrative Compartment will be the main tasks of the financial operations and accounting, book-keeping of the goods, material conditions for the activity of the courts and prosecutors ' offices and premises management. "
52. Article 112 paragraph 1 shall read as follows: "the staff referred to in the title of the front is called by the President of the Court of appeal or, as the case may be, by the Attorney general's Office of the Court of appeal in whose constituency to work, with the exception of bailiff and Chief accountants. Before appointment will be consulted the President of the Court or, where appropriate, the Prosecutor at the Prosecutor who will work the person in question. Bailiffs and accountants-heads of courts shall be appointed by the Minister of Justice, and accountants-heads of prosecutors of the courts shall be appointed by the Attorney general's Office of the Supreme Court of Justice. "
53. In article 112, paragraph 2 shall be inserted after a paragraph, reads: "training and further training of specialized staff shall be made according to the rules approved by the Minister of Justice."
54. According to article 112 shall be inserted in article 112 ^ 1 with the following content: "Art. 112 ^ 1. -Staff from courts and public prosecutor's offices shall enjoy all the rights provided for in legislation applicable to employees of budgetary establishments, as well as rights provided for in art. 81 ^ 1 and 81 of this law ^ 3. Provisions of art. 116 shall apply. "
55. Article 116 shall read as follows: Art. 116.-Annual Leave entitlement in the rest, according to the law, the courts ' staff shall as a rule, for the most part in the holiday period. "
56. Article 122 shall read as follows: Art. 122.-members of the boards of review for the receipt in the judiciary and for the examination of capacity are remunerated by paying by the hour, according to the law concerning remuneration and other entitlements of the staff of law enforcement agencies, judicial authority. "
57. Article 123 shall be repealed.
58. After article 129 article 129 is inserted: ^ 1 with the following content: "Art. 129 ^ 1. -Judges in Office that were not proposed by the Superior Council of Magistracy, to be appointed by the President of Romania, at the expiry of the period provided for in art. 129 para. 2, they cease membership magistrate by order of the Minister of Justice issued within 30 days of the date of the judgment whether admissible the Superior Council of Magistracy. The provisions of article 65 ^ 1 shall apply accordingly. "
59. Annex 4. 1 change as follows:-the County of Arges, Thorndale Court after writing: Alloa locality Court residence of Lafayette;

-from Bacau County Court instead of Parincea Parincea writes: Court Calumet, Calumet city of residence;
-from Bihor County District Court after it writes: Aba Court Falls Church, Falls Church City of residence;
-la Galati County, in place of the Court of the residence of Orangeville Orangeville reads: Liesti, Court place of residence Liesti;
-After the Iaşi County of Ilfov County is written with the District Court, city of prospect heights resident Buftea, Ilfov District Court and place of residence of Bucharest;
-Maramures County, after the District Court shall be the Court with Anne Marie writes: Delhi, Delhi residence locality.
60. Annex 4. 2 amend heading as follows:-LIVE Bucharest Court of appeal, in the second column, after Los Angeles, will write Ilfov.


Article 2 within six months of the entry into force of this Act, the Minister of Justice will make proposals to the Superior Council of Magistracy for promoting in all driving functions of the judges, tribunals and courts of appeal.
The term of Office of 4 years; 67 para. 5 of law No. 92/1992 for the judiciary, as amended by the present law, will start from the date of promotions ordered by the Superior Council of magistrates under the conditions of paragraph 1. 1. In article 3 the expressions: parquet General and Attorney general, used in the law. 92/1992 for the judiciary, as well as in the rest of the legislation, pending the entry into force of this law, shall be replaced by the phrases: flooring in addition to Supreme Court of Justice and the prosecutor general's Office of the Supreme Court of Justice. Expression: Prime-Prosecutor's Office of the Court of appeal is replaced by what the: Office of the Attorney general to the Court of appeal.
The notion of advancement, used in the law. 92/1992 for the judicial organisation, is replaced by that of promotion.


Article 4 the present law shall enter into force 30 days after its publication in the Official Gazette of Romania.
The time limit of 30 days referred to in article 1. 129 ^ 1 of law No. 92/1992 run from the date of entry into force of the present law for cases in which the judgment of the Superior Council of Magistracy (SCM) has remained irrevocable by that date.
Within 60 days after the entry into force of this Act, the Minister of Justice shall determine the structure and organization of all prosecutors ' offices. Until the expiry of that period, the public prosecutor will work in existing structure and organization.


Article 5 entry into force of the present law shall repeal art. 11 of the Act Supreme Court No. 56/93, judgment of the Romanian Government No. 48/1992 on the establishment and organisation of the National Institute for the preparation and improvement of Magistrates, as well as any other provisions to the contrary.


Article 6 Law No. 92/1992 for the judiciary, as amended and supplemented, including those made by this Bill, will the Republic Official Gazette of Romania, giving it a new texts.
This law was adopted by the Senate at its meeting on 1 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 9 July 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN — — — — — — — — — — — — — —