Published in OFFICIAL MONITOR no. 267 267 of 17 July 1998
The Romanian Parliament adopts this law + Article 1 Law of the Supreme Court of Justice No. 56/1993 , published in the Official Gazette of Romania, Part I, no. 159 of 13 July 1993, as amended, shall be amended and supplemented as follows: 1. Article 7 shall read as follows: "" Art. 7. -The Supreme Court of Justice consists of: 1 president, 1 vice president, 4 presidents of wards and no more than 80 judges. The Court is organized in 4 sections-civil, criminal, commercial and administrative-, the panel of 9 judges and the United Sections, each having its own competence. " 2 paragraph 2 of Article 8 shall be repealed. 3. Article 13 shall read as follows: "" Art. 13. -The president, the vice president, the presidents of the wards and the other judges of the Supreme Court of Justice are appointed by decree of the President of Romania, at the proposal of the Superior Council of Magistracy Justice, for a period of 6 years. If the term of office of the President, Vice President, Section President or a Judge of the Supreme Court of Justice has ceased before the expiration of the duration for which he has been appointed, he shall be appointed, with compliance with the conditions provided by law, another person. The term of office of the President, of the Vice-President, of the President of the Department or of the Judge thus appointed shall cease upon the expiry of the term of office of the predecessor he has replaced. 4. Article 14 shall read as follows: "" Art. 14. -To be appointed to the Supreme Court of Justice, judges must meet the conditions provided by Law no. 92/1992 for the judicial organization, republished, and to be at least 15 years old in the magistracy for the president, vice president and presidents of wards and at least 12 years for judges. It is considered seniority in the magistracy, in the sense 1, and the period in which a person performed the positions of teacher at the Faculty of Law, scientific researcher at the Academy Legal Research Institute, judge at the Constitutional Court, counselor in the Ministry of Justice or lawyer. " 5. Article 16 shall read as follows: "" Art. 16. -Before he starts exercising his office, the judges will take the following oath before the President of Romania: lt; lt; I swear to respect the Constitution and the laws of the country, the fundamental rights and freedoms of citizens, to fulfill my honor, conscience and without bias my duties. So help me God! gt; gt; " 6. Article 21 shall read as follows: "" Art. 21. -The Supreme Court of Justice shall have the following powers: Civil section judges appeals: a) in civil cases, determined by the Code of Civil Procedure, apart from those given in the competence of other departments by this law or by special laws; ... b) against decisions rendered in labor disputes, in cases determined by law; ... c) in any case concerning other subjects that have not been given in the competence of the other departments. ... The criminal section judges appeals: a) in criminal matters, in cases determined by the Code of Criminal Procedure or special laws; ... b) against decisions rendered in criminal matters by military courts. ... The commercial section judges appeals against decisions rendered in commercial matters, in cases determined by law. The administrative section shall judge the appeals: a) in matters of administrative litigation, in cases determined by law; ... b) in terms of expropriation; ... c) in tax matters, except for disputes that are given by special laws in the jurisdiction of other courts. " ... 7. Paragraph 2 of Article 24 shall read as follows: "The cases in the first instance are judged by the Criminal Section." 8. Article 26 shall be repealed. 9. Article 31 shall read as follows: "" Art. 31. -If a section of the Court considers that it is appropriate to return to its own jurisprudence, the judgment will be interrupted and the United Sections of the Supreme Court of Justice, which adjudicates with the citation of the parties in the case whose judgment was Interrupted. After the United Sections ruled on the complaint regarding the change of jurisprudence, the judgment will continue. " 10. Paragraph 2 of Article 37 shall read as follows: " The chief assistant magistrates have the rank of president of the court and are appointed among the assistant magistrates at least 3 years old in this position. After a 2-year stint as chief assistant magistrate, they can be put forward on the spot to the degree of appeal court judge and, after another 5 years, to the degree of appellate court president. " 11. Paragraph 4 of Article 37 shall read as follows: " The President of the Court can reduce by one-fourth the seniority in the specialty for assistant magistrates who have had outstanding results in the work carried out. 12. Paragraph 1 of Article 48 shall read as follows: " For the appointment as director it is necessary a seniority of at least 10 years in the magistracy, and for the other assistant magistrates, at least 7 years old. Art. 36 36-38 shall apply accordingly. ' 13. Paragraph 3 of Article 58 shall read as follows: " Against the decisions rendered by the disciplinary committee can be declared an appeal to the panel of 9 judges of the Supreme Court of Justice, provided by Law no. 92/1992 for the judicial organization, republished. " 14. Article 61 shall read as follows: "" Art. 61. -The President of the Supreme Court of Justice approves the state of office of the Supreme Court of Justice, appoints, promotes, suspends and orders the termination of the staff of the Court, with the exception of the court 13, directs and supervises the work of proposals on legislation, studies and documentation and publication of judicial practice of the Supreme Court of Justice. " 15. Article 66 shall be repealed. + Article 2 The trials before the Military Section of the Supreme Court of Justice on the date of entry into force of this Law will be prosecuted by the Criminal Section of the Court. + Article 3 The staff of the Military Section of the Supreme Court of Justice will be assigned, taking into account the option formulated, at the other sections of the Court, provided that it is passed in reserve. + Article 4 Law of the Supreme Court of Justice No. 56/1993 , published in the Official Gazette of Romania, Part I, no. 159 of July 13, 1993, as amended and with those brought by this law, will be republished in the Official Gazette of Romania, giving the articles a new numbering. This law was adopted by the Senate at the meeting of July 7, 1998, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU This law was adopted by the Chamber of Deputies at its meeting on July 9, 1998, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA MARIA IVANESCU ----------
