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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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LEGE no. 142 142 of 24 July 1997 amending and supplementing Law no. 92/1992 for judicial organisation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 170 170 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, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -The judicial authority consists of the courts, the Public Ministry and the Superior Council of Magistracy, each with their own powers provided by the Constitution and the law. The judicial power is separate from the other powers of the state, having its own powers that are exercised through the courts, in accordance with the principles and provisions provided by the Constitution and the other laws of the country. " 2. Article 2 shall read as follows: "" Art. 2. -Any person can address justice for the protection of rights, freedoms and his legitimate interests. No law can restrict the exercise of this right. The courts carry out justice for the purpose of defending and achieving the fundamental rights and freedoms of citizens, as well as the other legitimate rights and interests deducted from the judgment. The courts judge all trials on civil, commercial, labor, family, administrative, criminal, and any other causes for which the law does not establish another jurisdiction. The Public Ministry represents, in the judicial activity, the general interests of society and defends the order of law, as well as the rights and freedoms 3. Article 12 shall be repealed. 4. In Article 13, paragraphs 2 and 3 shall read as follows: " The presidents of the courts and of the courts of appeal are helped in carrying out the duties of 1-3 vice presidents. The Minister of Justice sets the courts and appeals courts to which there will be 2 or 3 vice presidents, as well as the judgments to which the presidents are helped by a vice president. The presidents of the courts designate the judges who are to meet, according to the law and regulations, other duties than those on the activity of judgment. " 5. Article 14 shall read as follows: "" Art. 14. -The courts and appellate courts may have two or more wards. The number of sections of courts and courts of appeal is established by the Minister of Justice, in relation to the volume of activity and the nature of the cases deducted. The Minister of Justice establishes the courts to which maritime and river sections operate, to judge the cases provided by law. " 6. Article 15 (1) shall read as follows: "The sections of the courts and courts of appeal are led by a section president." 7. Article 16 (2) shall read as follows: "Criminal cases concerning minors shall be judged by judges appointed by the president of the court." 8. Article 18 shall read as follows: "" Art. 18. -The cases given, according to the law, in the jurisdiction of the first instance of the courts, courts and courts of appeal are judged by a single judge. Appeals are adjudicated by courts and appeals courts in a panel of 2 judges. Appeals are adjudicated by courts and appeals courts in a panel of 3 judges. If the judges who enter into the composition of the supplement provided in par. 2 do not reach an agreement on the ruling, the trial is again being judged in full of divergence. The plot of divergence shall be constituted by the inclusion, in the court of law, of the president or of the vice president of the court or of another judge appointed by the president. " 9. Article 19 shall read as follows: "" Art. 19. -The Superior Council of Magistracy and the Minister of Justice watch over the independence of the judiciary The justice minister is responsible for the proper organization and functioning of justice as a public service Through judges inspectors from the courts of appeal, the Minister of Justice is informed of the functioning of the courts and of deviations likely to compromise the quality of the activity, the application of laws and regulations in the constituencies of courts Call. The presidents and vice presidents of the courts check the organization and quality of the service, compliance with the laws and regulations within the institution they lead and the courts of its constituency. The presidents of the courts of appeal exercise this attribution also through the judges inspectors of the court. Under no circumstances can the checks carried out cannot lead to interference in the conduct of the pending trials or the reinstatement of what has already been judged. The exercise of the powers given by law to the Minister of Justice on judicial remedies shall not be considered to be interference. " 10. Article 22 shall be repealed. 11. Article 26 shall be repealed. 12. Article 29 shall be repealed. 13. Title III "The Public Ministry" shall read as follows: "" TITLE III Public Ministry + Chapter I Common provisions Article 30. -The Public Ministry exercises its duties through prosecutors constituted in prosecutors ' offices in addition to each court, under the authority of the Minister of Justice. The activity of the Public Ministry is organized according to the principles of legality, impartiality and hierarchical The Public Ministry is independent in relations with the other public authorities and exercises its powers only under the law and for ensuring its compliance. Article 31. -The tasks of the Ministry of Public Affairs a) conduct of criminal prosecution in cases and under the conditions provided by law; b) supervision of the criminal investigation activity carried out by the police and other bodies; in the exercise of this attribution, the prosecutor leads and controls the criminal investigation activity, the provisions given by the prosecutor being mandatory for the criminal investigation; c) referral of the courts for the trial of criminal cases; d) the exercise of civil action in cases provided by law; e) participation, under the law, in court hearings; f) the exercise of remedies against judicial decisions, under the conditions provided by law; g) supervision of compliance with the law in the enforcement activity of judicial decisions and other enforceable securities; h) verification of compliance with the law at the places of preventive possession, execution of penalties, educational and safety measures; i) defending the rights and interests of minors and persons placed under prohibition; j) study of the causes that generate or promote crime, elaboration and presentation of proposals in order to eliminate them, as well as to improve the criminal legislation. The Public Ministry exercises any other duties provided by law. Article 32. -The prosecutors in each parquet are subordinate to the ruler of that parquet. The leader of a parquet is subordinated to the head of the superior hierarchical prosecutor's office in the same territorial The superior hierarchical prosecutor may perform any of the duties of prosecutors in subordination and suspend or refute their acts and provisions, if they are contrary to the law. The provisions of the superior hierarchical prosecutor, given in accordance with the law, are mandatory for subordinate prosecutors. However, the prosecutor is free to present in court the conclusions he considers valid according to the law, taking into account the evidence administered in the case. Article 33. -In exercising their duties, prosecutors have the right to directly request the support of public force agents, who are obliged to execute the prosecutor's provisions. Article 34. -Each parquet falls under the required number of prosecutors. The structure and organization of the apparatus of all the prosecutor's offices, as well as the establishment of the prosecutor's offices to which maritime and river sections will be established, offices or forensic and criminology services are established by the Minister of Justice, the attorney general of the Prosecutor's Office of the Supreme Court. The distribution of prosecutors on compartments of activity is made by the leader of each parquet. Article 35. -Military parquets will be organized and will operate according to the law. Article 36. -The prosecutor's offices are independent of the courts. Article 37. -The provisions of the Minister of Justice, given directly or through the Prosecutor General, in order to respect and enforce the law, are mandatory. Article 38. -The Minister of Justice, through prosecutors inspectors from the Prosecutor's Office of the Supreme Court of Justice and from the prosecutor's offices of the appellate courts or other delegated prosecutors, exercises control over all prosecutors. When deemed necessary, the Minister of Justice, on his own initiative or at the request of the Superior Council of Magistracy, carries out control through inspectors general or by prosecutors posted in the Directorate of Relations with the Public Ministry and anti-criminal strategy within the Ministry of Justice. The control is carried out by checking the works, how the service relations are carried out with the litigants and the other persons involved in the works of competence of the prosecutor's offices, as well as by appreciating the activity, preparation and the professional skills of the prosecutors. The Minister of Justice can ask the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice for information on the activity of prosecutors and to give guidance on the measures to be taken to combat the criminal phenomenon. The Minister of Justice has the right to give written provision, directly or through the Prosecutor General, to the competent prosecutor to start, under the law, the prosecution procedure for the offences of which he is aware and to promote in the face of the courts actions and remedies necessary to defend the public interest. However, no provisions can be given to stop the open legal prosecution procedure. + Chapter II The prosecutor's offices of the judges and tribunals Article 39. -The parquets of the judges and courts are led by first-prosecutors. The first prosecutors of the prosecutor's offices near the courts are helped by deputies. The justice minister, on the proposal of the prosecutor general of the Prosecutor's Office of the Supreme Court of Justice, establishes the prosecutor's offices of the judges to which the first prosecutors are helped by the deputies. Article 40. -The prosecutor's offices near the courts have wards led by chief prosecutors. Article 41. -First prosecutors of the prosecutor's offices of the courts exercise control over the prosecutor's offices in their constituency. + Chapter III The prosecutor's offices near the courts of appeal and the Prosecutor's Office of the Supreme Court of Justice Article 42. -The prosecutor's offices near the courts of appeal are led by general prosecutors. The prosecutors general of the prosecutor's offices near the courts of appeal are helped by deputies. Article 43. -The general prosecutors of the prosecutor's offices of the courts of appeal exercise, directly or through prosecutors inspectors, control over the prosecutor's offices in their constituency. Article 44. -The prosecutor's office of the Supreme Court of Justice is led by a prosecutor general, aided by 2 deputies. The Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice is promoted and relieved of office by the President of Romania, at the proposal of the The Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice exercises, directly or through prosecutors inspectors, control over all prosecutors ' offices. Within the Prosecutor's Office of the Supreme Court of Justice operates the college of this parquet, as an advisory body. The composition of the college is established by order of the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice. The Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice attends the Supreme Court of Justice meetings in the united wards. The Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice designates, among the prosecutors of this prosecutor's office, the prosecutors who participate in the meetings of the Constitutional Court, in the cases Article 45. -The prosecutor's office of the Supreme Court of Justice and the prosecutor's offices of the courts of appeal have in the structure of wards led by chief prosecutors, who can be helped by deputies. Within the sections, services and offices run by chief prosecutors can operate. " 14. Article 47 shall read as follows: "" Art. 47. -Within the magistrates ' body, the hierarchy of execution and management functions shall be established in relation to the level of courts and prosecutors, in compliance with the conditions of professional training and seniority in the magistracy, provided for in present law. The legal specialist staff of the Ministry of Justice, regardless of seniority, is assimilated to magistrates during the performance of the position. " 15. Article 48 (1) shall read as follows: " It constitutes seniority in the magistracy period in which a person has fulfilled the functions of judge, prosecutor, legal specialist in the Ministry of Justice, in the National Institute of Magistracy or in the laboratories of expertise forensics under the Ministry of Justice, lawyer or assistant magistrate at the Supreme Court of Justice, the position of Minister of Justice, Secretary of State or Secretary General in the Ministry of Justice, specialized positions legal in former state arbitrations. " 16. Article 50 (1) (b) shall read as follows: "" b) is licensed in law or economic-administrative law, has the internship required by law for the position in which it is to be appointed and proves appropriate professional training; " 17. Article 50 (1), by letter e), insert the letter f), with the following contents: "f) graduated the National Institute of Magistracy or promoted the contest or the entrance exam in the magistracy, organized according to the regulation approved by the Minister of Justice." 18. Article 52 (1) shall read as follows: " Before he begins to exercise his office, magistrates are required to take the following oath: Lieutenant; I swear to respect the Constitution and the laws of the country, to defend the fundamental rights and freedoms of citizens, to fulfill with honor, conscience and without bias my duties. So help me God! gt; gt; Reference to divinity from the formula of the oath changes according to the religious faith of magistrates. " 19. Article 55 shall read as follows: "" Art. 55. -At the judges and at the prosecutor's offices of these courts can operate judges and trainee prosecutors, respectively, appointed by order of the Minister of Justice, in compliance with the conditions provided in art. 50. The trainee prosecutors are appointed to the proposal of the Prosecutor General of the Prosecutor's Office of the Supreme Court. The delegation and dismissal of judges and trainee prosecutors shall be provided by the Minister of Justice. " 20. Article 55 shall be inserted after Article 55, with the following contents: "" Art. 55 55 ^ 1. -Judges and trainee prosecutors who did not graduate from the National Institute of Magistracy carry out a 2-year internship. The presidents of the courts and the first prosecutors of the prosecutor's offices of these courts are responsible for ensuring the conditions for the normal conduct of the internship and the good preparation of the trainee magistrates. " 21. Article 58 shall read as follows: "" Art. 58. -The exam provided in art. 57 will consist of an oral test, on the basis of which the commission can form its conviction that the trainee judge has appropriated the necessary knowledge to be able to participate in the trial activity. After taking the exam, the president of the appeals court will communicate to the Minister of Justice and the President of the Court if the trainee judge has obtained the right to participate in the trial In case of non-promotion of the exam, a new date will be stable for the review of the trainee judge. The Minister of Justice may order the dismissal of the trainee judge who has been rejected twice in the examination provided for in art. 57 57. " 22. Article 58 (1) shall be inserted after Article 58, with the following contents: "" Art. 58 58 ^ 1. -The trainee judges who have obtained the right to participate in the trial activity will be able to judge: 1. In civil matters: a) the applications entered by the main route, relating to maintenance pensions; the patrimonial disputes between individuals, having as their object the payment of a sum of money or the surrender of a movable property, if the value of the dispute does not exceed 10 million lei and does not concern a succession or division of goods; owners ' actions; requests for records in civil status registers; taking precautionary measures; requests of any kind regarding attachment; labor disputes regarding money claims whose value does not exceed 10 million lei; b) the processes and applications which, according to the law, are settled by the judges as last resort; c) the requests and remedies of the jurisdiction of the courts, relating to the cases shown in lett. a) and b). 2. In criminal matters: a) the offences provided in art. 279 279 para. 2 lit. a) of the Code of Criminal Procedure; b) the requests and remedies of the jurisdiction of the courts, in connection with the crimes shown in lett. a); c) requests for rehabilitation. " 23. Article 63 shall read as follows: "" Art. 63. -The capacity examination consists, on a mandatory basis, in written and oral tests, of a theoretical and practical nature. The theoretical evidence will have as object the basic principles and institutions of civil, commercial, criminal, procedural, constitutional and judicial organization; the practical evidence will consist in the preparation of a written work of character applicative. The regulation of conducting the capacity examination of magistrates is approved by the Minister of Justice, with the opinion of the Superior Council of Magistracy. " 24. Article 64 (2) shall read as follows: " The Superior Council of Magistracy, within 30 days of receiving the results, validates the exams, centralizes the results and prepares, in the order of the averages obtained, the classification table of the candidates, on the basis of which they will be made appointments to vacant positions. " 25. In Article 65, after paragraph 5, two paragraphs are inserted, with the following contents: " The Superior Council of Magistracy has the obligation to carry out the formalities related to the appointment of magistrates who have been declared successful at the capacity examination, within a maximum of 3 months from the date of validation of the capacity examination. In the period between the date of validation of the capacity examination and the date of appointment by the President of Romania, the magistrates will receive the salary corresponding to the position immediately superior to the trainee judge. 26. Article 65 shall be inserted after Article 65 (1), with the following contents: "" Art. 65 65 ^ 1. -If the magistrate was not proposed by the Superior Council of Magistracy to be appointed by the President of Romania, no later than 6 months after the date of validation of the capacity examination ceases the quality of magistrate. Against the refusal of the Superior Council of Magistracy to propose to the President of Romania the appointment of the magistrate, it can be addressed with the complaint of the Supreme Court of Justice, within 30 days from the expiry of the para. 1. The complaint is suspension of execution. The Supreme Court of Justice judges the complaint in the panel of 9 judges. The judgment is irrevocable. ' 27. Article 67 shall read as follows: "" Art. 67. -In order to be promoted to higher positions, the magistrate must have a meritorious activity, attested by the qualifying notes granted by the hierarchical heads. The qualifying notes are awarded annually and will reflect the results of the magistrate's professional activity, the behavior at work and in society, its qualities, as well as the prospects for development in the profession. For magistrates who hold management positions, the qualifying notes will necessarily mention the managerial qualities. The minimum conditions of seniority that the magistrates must meet are as follows: a) for the positions of judge of the court, prosecutor at the prosecutor's office of the court, president, vice president of court, first prosecutor of the prosecutor's office of the court and deputy of it, to have a seniority in the magistracy of the one years; b) for the positions of president, vice president, president of the court section, first prosecutor of the prosecutor's office of the court, his deputy and chief prosecutor of section of the prosecutor's office of the court, to have a seniority in the magistracy of at least 5 years; c) for the functions of judge of appeal court or prosecutor at the prosecutor's offices of the courts of appeal, to have a seniority in the magistracy of at least 6 years; d) for the positions of president, vice president, chairman of the appellate court section, prosecutor general of the prosecutor's office of the appellate court, his deputy and chief prosecutor of section of the prosecutor's office of the appellate court, as well as of chief prosecutor of section and prosecutor at the Prosecutor's Office of the Supreme Court of Justice, to have a seniority in the magistracy of at least 8 years; e) for the positions of attorney general of the Prosecutor's Office of the Supreme Court of Justice and his deputy, to have a seniority in the magistracy of at least 10 years. The promotion to management positions of magistrates is made for a period of 4 years, with the possibility of reinvestment. The promotion to leadership positions in the magistracy will take into account, apart from the professional qualities, the managerial skills of the magistrate, especially the capacity of organization and decision, the degree of communicativity, the tact in relations of service, objectivity in the appreciation of collaborators. " 28. Article 68 shall read as follows: "" Art. 68. -Exceptionally they can be appointed in the magistracy, without competition or examination, in any of the functions provided in art. 67 lit. a), b) and c), persons who have the title of doctor in law or have had the status of magistrate or inspector general or legal adviser in the Ministry of Justice or lawyer for a period of at least 5 years. In the cases of para. 1, the necessary seniority, provided in art. 67 to occupy one of the functions in the magistracy, shall be increased by 3 years. " 29. Title IV "Body of magistrates", Chapter II "Admission to the magistracy", after section II-insert section III "National Institute of Magistracy", with the following contents: " Section III National Institute of Magistracy Art. 70 ^ 1. -The National Institute of Magistracy is the public institution subordinated exclusively to the Ministry of Justice, which carries out the specific training of future judges and prosecutors, as well as the professional improvement of magistrates in office, in compliance with the provisions of this law The National Institute of Magistracy is not part of the national education and education system and is not subject to the legal provisions in force on the accreditation of higher education institutions and the recognition of diplomas. The National Institute of Magistracy has legal personality and headquarters in Bucharest. Art. 70 ^ 2. -The National Institute of Magistracy is led by a board of 11 members, including: a judge of the Supreme Court of Justice, a prosecutor from the Prosecutor's Office of the Supreme Court of Justice, a judge of the Bucharest Court of Appeal, a prosecutor from the Prosecutor's Office of the Bucharest Court of Appeal, appointed by the Superior Council of Magistracy; 3 elected representatives of the training staff of the institute, director of the Human Resources Department of the Ministry of Justice; 2 representatives of the justice auditors participating in the training courses professional. The director of the National Institute of Magistracy and his 2 deputies 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, except for the mandate of representatives of justice auditors, who are elected for one The mandate of the members of the Council Representatives of the legally constituted associations of magistrates can participate in the meetings of the council. Art. 70 ^ 3. -The Council of the National Institute of Magistracy deliberates on issues concerning the organization and functioning of the National Institute of Magistracy, as well as its budget Decisions of the Council of the National Institute of Magistracy become enforceable after their approval by the Minister of Justice Art. 70 ^ 4. -The Director of the National Institute of Magistracy and his deputies ensure the current management of the activity and organize the implementation of the decisions of the council. Art. 70 ^ 5. -The training staff of the National Institute of Magistracy is provided, as a rule, among judges and prosecutors in office, who can be posted, with their consent, for 3 years at the institute. The salary of the legal specialist training staff of the National Institute of Magistracy is established by assimilating its functions with the functions of magistrate, in relation to the seniority in the magistracy, under the terms of the Law on salary and other rights of staff in the bodies of the judicial authority. The National Institute of Magistracy can also use, under the law, university teachers, other specialists, Romanians and foreigners, as well as magistrates according to or assimilated to them, for the conduct of the training process and professional improvement. The staff state and the state of functions of the National Institute of Magistracy are approved by the Minister of Justice, within the total number of posts approved for the justice system. Art. 70 ^ 6. -The duration of the magistrates ' specific training courses within the National Institute of Magistracy is 1-2 years. Every year, the Minister of Justice sets the duration of the courses and the 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 represents the main way of recruiting magistrates, is based on competition, to which persons who meet the conditions provided in art. 50 lit. a)-e). Art. 70 ^ 8. -The composition of the commission, the conditions of competition and its conduct are established by regulation approved by the Minister of Justice. Art. 70 ^ 9. -The candidates admitted to the entry contest in the National Institute of Magistracy have the status of justice auditors and benefit from a monthly scholarship equal to the salary of the trainee judge position, which is paid from the scholarship fund provided for in the budget of the Ministry of Justice, in relation to the age they have. Art. 70 ^ 10. -The preparation of justice auditors for the career of magistrate is based on the knowledge of trends and the evolution of the main legal institutions, including in comparative law, and, in particular, on the acquisition of practical knowledge necessary to become judge or prosecutor. Art. 70 ^ 11. -During the course of the courses, the justice auditors will conduct internships in the courts and prosecutor's offices, carry out, under the guidance of training staff and magistrates of courts and prosecutors, graft works. within all services, will attend court hearings and prosecution work, in order to directly know the activities that magistrates and auxiliary staff carry out. Art. 70 ^ 12. -If the justice auditors commit a deviation from their duties or from the Internal Order Regulation of the National Institute of Magistracy, they can be disciplined by the director of the institute. The disciplinary sanctions that can be applied to the auditors of justice are: a) the observation; b) the warning; c) expulsion from the institute, with the refund of tuition expenses. Art. 70 ^ 13. -At the graduation of the National Institute of Magistracy, the justice auditors will take an exam that will consist mainly in practical tests, demonstrating that they have mastered the necessary knowledge of the position of judge or prosecutor. The exam will be held before a joint commission consisting of 3 members of the institute's training staff and 3 magistrates from courts and prosecutors ' offices, appointed by order of the Minister of Justice. Graduates of the National Institute of Magistracy are issued an attestation. Art. 70 ^ 14. -The graduates of the National Institute of Magistracy will be appointed trainee magistrates by the Minister of Justice. The trainee judges, graduates of the National Institute of Magistracy, have the right to judge in the cases provided in art. 58 ^ 1; trainee prosecutors, graduates of the institute, have the right to draw conclusions in court and to sign procedural acts, except those concerning the person's freedom. After 6 months of actual operation, the trainee magistrates, graduates of the National Institute of Magistracy, have the right to register for the capacity exam. Art. 61 61-65 are applicable. Art. 70 ^ 15. -Judges and trainee prosecutors, graduates of the National Institute of Magistracy, are applicable to the legal provisions on trainee magistrates. If the duration of the courses of the National Institute of Magistracy, established according to the law, will be 2 years, the graduates have the right to register directly for the support of the capacity exam. Art. 70 ^ 16. -The organization and functioning of the National Institute of Magistracy are established by regulation drafted by the institute's council and approved by the Minister of Justice. 30. Article 73 shall read as follows: "" Art. 73. -The Supreme Council of Magistracy has the following powers: a) proposes to the President of Romania, at the recommendation of the Minister of Justice, the appointment of the President, the Vice President and the Presidents of the Supreme Court of Justice b) proposes to the President of Romania, at the recommendation of the Minister of Justice, the appointment of the judges of the c) proposes to the President of Romania, at the recommendation of the Minister of Justice, the appointment of other judges and prosecutors, except for the trainees d) order, at the proposal of the Minister of Justice, on the promotion, transfer, suspension of the judges, as well as the termination of their function; e) validates the capacity exams of magistrates; f) performs the role of discipline board of judges; g) gives opinions, at the request of the Minister of Justice, on the administration of judges, courts, appeals courts and prosecutors. The Superior Council of Magistracy exercises any other duties provided by law. The Superior Council of Magistracy can ask the Ministry of Justice, courts or prosecutor's offices for relations or acts relating to professional activity or to the conduct of magistrates. Three proposals will be presented to the President of the Supreme Court of Justice for the appointment of the Supreme Court of Justice. The Superior Council of Magistracy carries out its work in the presence of at least two-thirds of its members and adopts decisions by a majority of the votes of The works of the Superior Council of Magistracy are presided over, without the right to vote, by the Minister of Justice, unless he performs the role of discipline board, when chaired by the President of the Supreme Court of Justice. The preparation of the works necessary to carry out the activity of the Superior Council of Magistracy shall be ensured by the direction of the Ministry of Justice The secretarial works of the Superior Council of Magistracy shall be carried out by a specialized compartment of this direction. " 31. Article 74 (1) shall be inserted after Article 74, with the following contents: "" Art. 74 74 ^ 1. -The members of the Superior Council of Magistracy are entitled to an allowance established by the Law on the Salarization and other rights of the staff in the bodies of the judicial authority 32. Article 75 shall read as follows: "" Art. 75. -The judges appointed by the President of Romania are unremovable. Prosecutors and trainee judges enjoy stability. Magistrates cannot be investigated, detained, arrested, searched or arraigned without the opinion of the Minister of Justice. The Ministry of Interior has the obligation to grant, on request, protection to magistrates and their families in cases where life, bodily integrity or their wealth are subject to threats. " 33. Article 76 (1) shall read as follows: " The magistrates can be released from their positions, only in the following cases: a) resignation; b) retirement for the age limit or incapacity for work, according to the law; c) transfer to another position, under the law; d) if the measure of removal from the magistracy was taken against the magistrate, either as a disciplinary sanction or for the manifest incapacity or for mental illness; e) if the magistrate has been definitively convicted of a deed provided by the criminal law; f) if the magistrate no longer meets the conditions provided in art. 50 lit. a)-e). " 34. Article 76 (2) shall read as follows: " When against a magistrate the criminal action is set in motion, it will be suspended by law from office until the judgment remains final. The justice minister, by order, will find the existence of the magistrate's suspension of law About this measure the magistrate will be crowned by the Minister of Justice. " 35. Article 76 (4) shall read as follows: " In the cases provided in par. 1 lit. d) and e), the quality of magistrate ceases by right on the date of final stay of the decision ordering removal from the magistracy or conviction. " 36. Article 79 (1) shall be inserted after Article 79, with the following contents: "" Art. 79 79 ^ 1. -The Minister of Justice can order the posting of non-removable judges, only with their written consent, within the Ministry of Justice, at the National Institute of Magistracy, other courts or other public authorities. The duration of the posting is between 6 months and 3 years. The posting may be extended for a duration of up to 3 years, only once, in compliance with the conditions provided in par. 1. The detachment of prosecutors can be ordered by the Minister of Justice, in compliance with the conditions provided in 1 1 and 2. During the period of posting, judges and prosecutors retain their status as magistrates and benefit from the rights provided by law for seconded staff. When the salary and other money rights provided for the position in which the magistrate is posted are inferior to those of whom he benefits in his capacity as magistrate, he retains his salary and other money rights of the office of the magistrate he owns. " 37. Article 80 (1) shall read as follows: " If a magistrate suffers from a mental illness, the Minister of Justice, based on a written report and after examination by a commission of 3 specialist primary doctors, will order the suspension from office of the magistrate, referring to immediately the Superior Council of Magistracy. The suspension ceases by law, if within one month the Superior Council of Magistracy does not decide the dismissal of the magistrate or the extension of the suspension. " 38. Article 80 (3) shall read as follows: " Against the decisions of removal from the magistracy, taken in the cases provided by par. 1 and 2, the magistrate can appeal within 30 days of communication. The appeal is adjudicated at the Supreme Court of Justice, in complete of 9 judges. The judgment by which the appeal is resolved shall be irrevocable. ' 39. Article 81 shall read as follows: "" Art. 81. -The magistrates benefit from salaries established in relation to the level of the court, of allowances for stability in the magistracy, for the performance of a leading position, for participation in court hearings, of bonuses for seniority in work, for risk and neuropsychiatric overuse, for scientific titles, as well as other rights regulated by law. " 40. After Article 81, Articles 81 ^ 1-81 ^ 11 are inserted, with the following contents: "" Art. 81 81 ^ 1. -Magistrates in activity or pensioners, as well as their spouse and children in their maintenance benefit free of charge from medical assistance, medicines and prosthetics. The conditions for granting medical assistance, medicines and prostheses free of charge shall be established by Government decision, within 30 days from the entry into force of this Law. Art. 81 ^ 2. -The magistrates benefit from insurance made from budget funds, for life, health and goods, within the income limit for 15 years of activity. Upon release from office, the insurance provided in par. 1 1 Stop. Art. 81 ^ 3. -The magistrates benefit from an annual holiday of 30 working days, paid. The conditions for making and paying the rest leave are established by regulation approved by the Minister of Justice. During the holiday period, the magistrates benefit, only once a year, for free, round-trip transport between the place of residence and the locality in the country where they spend their holiday. Art. 81 ^ 4. -The magistrates benefit, annually, from 12 round trips, with tariffs reduced by 50% on domestic transport by rail class I, auto, naval and air. The conditions under which the rights provided in par. 1 and to art. 81 ^ 3 para. 2, as well as the funds from which these rights are borne shall be established by Government decision, within 30 days from the entry into force of this law. Art. 81 ^ 5. -Magistrates aged at least 25 years in the magistracy benefit, at the age provided by law, of service pension, in the amount of 80% of the net income made of the basic salary, the increase for seniority and the increase of stability in the magistracy, held at the retirement date. For each year that exceeds the seniority in the magistracy provided in par. 1 is added to the amount of the pension 1% of the net income, without being able to exceed 100% of the net income established according to par. 1, had at the retirement date. The part of the service pension that exceeds the pension level in the state social insurance system is borne from the state budget. The supplementary pension is established under the conditions of the Law on state social insurance and social assistance pensions. Magistrates ' pensions are updated in relation to the level of basic salaries of magistrates in activity. These rights also benefit magistrates reinstated after retirement. Art. 81 ^ 6. -Magistrates with a continuous seniority in the magistracy of at least 20 years shall benefit, upon retirement or upon release from office for non-imputable reasons, of an allowance equal to 5 net basic salaries. The allowance provided in par. 1 is granted only once during the career of magistrate. Art. 81 ^ 7. -Magistrates up to 35 years of age will be supported in the construction or purchase of a personal property home in the locality where the court or prosecutor's office operates, with the granting of long-term loans, with minimum interest, under the law. Under the conditions provided by law, it can be established, by Government decision, the Credit House for magistrates and the other staff in the justice system. Art. 81 ^ 8. -Magistrates operating at courts or prosecutors ' offices in rural areas will be provided with housing by the local government, for the period they work in that locality. Art. 81 ^ 9. -The order and medal "Judicial Merit", which is given to magistrates in activity, for seniority in the magistracy as a judge or prosecutor, in view of the meritorious results obtained in the activity, of the law and the annual rating of "very good". The order and medal "Judicial merit" is granted by the President of Romania, at the proposal of the Superior Council of Magistracy. Art. 81 ^ 10. -The Order and the "Judicial Merit" medal are thus conferred: -Order "Judicial Merit" class I, for 25 years old in the magistracy; -Order "Judicial merit" class II, for 20 years old in the magistracy; -Order "Judicial merit" class III, for 15 years old in the magistracy; -Medal "Judicial merit" class I, for 10 years old in the magistracy; -Medal "Judicial merit" class II, for 5 years old in the magistracy. In case of interruption of activity in the magistracy, the time as the magistrate carried out another activity will not be taken in the calculation of the seniority in the magistracy for which the order or medal is The description of the order and the medal is provided in special law. Art. 81 ^ 11. -Magistrates in activity, decorated with the Order "Judicial merit" grades III, II and I, benefit from the reduction of income tax by 30%, 40% and 50%, respectively, and those decorated with the Medal "Judicial merit" grades II and I benefit from the "judicial merit". of reducing income tax by 20% and 25%, respectively. Retired magistrates, decorated with the Order "Judicial merit" grades III, II and I, benefit from an increase of 10%, 15% and 20% of the pension amount, respectively, without exceeding the updated basic salary. " 41. In Article 83, a paragraph is inserted, with the following contents: " The magistrate can opt for the basic function, according to the law, to be in a higher education institution, having the obligation to respect the duration of working time and the other duties provided by law for the court or parquet. In this situation, the magistrate's activity program at the court or at the prosecutor's office shall be established with the consent of the court or prosecutor's office. " 42. Article 84 shall read as follows: "" Art. 84. -Magistrates are prohibited from exercising, directly or through interposed persons, trade activities, participation in the management of commercial or civil companies. It is also forbidden to participate in the administration of such companies. " 43. Article 85 shall read as follows: "" Art. 85. -Magistrates can collaborate in specialized publications, with literary, scientific or social character, or on audiovisual shows, without participating in political actions. " 44. Article 91 shall read as follows: "" Art. 91. -The magistrates are obliged to carry out, at least once every 5 years, according to the appointment approved by the Minister of Justice, training internships or, as the case may be, professional improvement at the National Institute of Magistracy, at institutions of higher education in the country or abroad or within the forms organized by the courts of appeal or, as the case may be, by the prosecutor's offices beside the courts of appeal. At each court of appeal and parquet next to it will be appointed a magistrate to respond to the professional improvement of magistrates. " 45. Article 95 (1) shall read as follows: " The disciplinary sanctions that may apply to magistrates in relation to the gravity of the deviations are: a) observation; b) reprimand; c) decrease of the basic salary by up to 15% over a period of 1-3 months; d) the disciplinary move for a period of 1-3 months at a court or at a parquet, located within the territorial area of the same court of appeal, respectively parquet e) suspension from office for a maximum of 6 months; f) removal from the magistracy. " 46. Article 97 (2) shall read as follows: "Prior research shall be carried out by the judges, having at least the same hierarchical degree as the judge investigated, or by inspectors general or other persons assimilated to magistrates of the Ministry of Justice." 47. Article 101 shall read as follows: "" Art. 101. -Against the decisions rendered by the Superior Council of Magistracy or the Disciplinary Commission of the Public Ministry, the magistrate in question may appeal within 30 days of the communication of the judgment. The appeal is filed with the disciplinary committee that delivered the judgment and is judged by the Supreme Court of Justice, in complete form of 9 judges. The judgment by which it is resolved shall be irrevocable. ' 48. The name of Title VIII will be: "Specialist, economic, administrative and service auxiliary staff." 49. Article 104 (1) shall read as follows: "At the judges, courts and courts of appeal, as well as at all the prosecutor's offices operate specialist auxiliary staff, economic, administrative and service." 50. Article 105 (2) shall read as follows: " The courts and prosecutors ' offices next to them will also have an economic-administrative compartment, led by a chief accountant, for their own activity, as well as for the work of judges and prosecutors in their constituency. In the localities the county seat, in which the appeals courts operate, the economic-administrative compartment of the courts or prosecutors 'offices besides them will also serve the activity of these courts, respectively of the prosecutors' offices. " 51. Article 107 shall read as follows: "" Art. 107. -The economic and administrative department will have as main tasks the performance of financial-accounting operations, the bookkeeping of goods, the provision of material conditions for the conduct of courts and prosecutors ' offices and management the premises. " 52. Article 112 (1) shall read as follows: " The staff provided for in the present title shall be appointed by the chairman of the appellate court or, as the case may be, by the prosecutor general of the prosecutor's office of the appellate court in whose constituency it is to operate, except for the courts and chief accountants. Before the appointment the president of the court or, as the case may be, the first prosecutor of the prosecutor's office to which the person concerned will operate The bailiffs and chief accountants of the courts are appointed by the Minister of Justice, and the chief accountants of the prosecutor's offices of the courts are appointed by the Prosecutor General of the Prosecutor's Office of the Supreme Court of Justice. " 53. In Article 112, after paragraph 2, a paragraph is inserted, with the following contents: "The training and professional improvement of the specialized auxiliary staff is made according to the regulation approved by the Minister of Justice." 54. After Article 112, Article 112 ^ 1 is inserted, with the following contents: "" Art. 112 112 ^ 1. -The specialized auxiliary staff from the courts and prosecutors shall benefit from all the rights provided by the legislation applicable to the employees of the budgetary units, as well as the rights provided in art. 81 ^ 1 and 81 ^ 3 of this law. Art. 116 116 are applicable. ' 55. Article 116 shall read as follows: "" Art. 116. -Annual holiday holidays due, according to the law, to the staff of the courts are usually carried out for the most part during the period of the judicial holiday. " 56. Article 122 shall read as follows: "" Art. 122. -The members of the examination committees for the receipt in the magistracy and for the capacity examination are remunerated by hourly payment, under the conditions of the Law on the salary and other rights of the staff in the bodies of the judicial authority. " 57. Article 123 shall be repealed. 58. Article 129 (1) shall be inserted after Article 129, with the following contents: "" Art. 129 129 ^ 1. -Judges in office, who were not proposed by the Superior Council of Magistracy, to be appointed by the President of Romania, upon the expiry of the deadline provided for in art. 129 129 para. 2, ceases their status as magistrate by order of the Minister of Justice, issued within 30 days from the date of irrevocable stay of the decision of the Superior Council of Magistracy. Art. 65 65 ^ 1 are applicable accordingly. ' 59. Annex no. 1 1 is amended as follows: -at Arges County, after the Costesti Court it is written: Topoloveni Court, Topoloveni residence locality; -in Bacau County, instead of the Parincea Court in Parincea, it is written: Podu Turcului Court, Podu Turcului place of residence; -in Bihor County, after the Alesd Court it is written: Salonta Court, Salonta residence locality; -in the county of Galati, in the place of the Beresti Court, the locality of Beresti residence, it is written: -after Iasi County is written Ilfov County, with Buftea Court, Buftea residence locality, and Ilfov Court, Bucharest municipality of residence; -in Maramureș County, after the Dragomiresti Court it is written: Somcuta Mare Court, Somcuta Mare residence. 60. Annex no. 2 2 is amended as follows: -at the 7th position the Bucharest Court of Appeal, in the second column, after Ialomita, will be written Ilfov. + Article 2 Within 6 months of the entry into force of this law, the Minister of Justice will make proposals to the Superior Council of Magistracy for promotion in all leadership positions from judges, tribunals and appellate courts. -year mandate provided for in art. 67 67 para. 5 5 of Law no. 92/1992 for the judicial organization, as amended by this law, will start from the date of promotions ordered by the Superior Council of Magistracy under the conditions of par. 1. + Article 3 Expressions: General Prosecutor's Office and Prosecutor General, used in Law no. 92/1992 for the judicial organization, as well as in the rest of the legislation, until the entry into force of this law, are replaced by the expressions: Supreme Court of Justice. The expression: the first prosecutor of the prosecutor's office of the court of appeal is replaced by the one: prosecutor general of the prosecutor's office of the court of appeal. The notion of advancement, used in Law no. 92/1992 for the judicial organization, is replaced by the promotion. + Article 4 This law shall enter into force within 30 days from the date of its publication in the Official Gazette of Romania. The 30-day period provided for in art. 129 ^ 1 of Law no. 92/1992 flows from the date of entry into force of this law for cases in which the decision of the Superior Council of Magistracy remained irrevocable before this date. Within 60 days of the entry into force of this law, the Minister of Justice will establish the structure and organization of all prosecutor's offices. Until this term expires, the prosecutor's offices will operate in the existing structure and organization. + Article 5 On the date of entry into force of this Law, the art. 11 of the Supreme Court of Justice Law no. 56/1993 , Romanian Government Decision no. 48/1992 on the establishment and organization 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 judicial organization, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, giving the texts a new numbering. This law was adopted by the Senate at the meeting of July 1, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at its meeting on July 9, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN --------------