Law No. 153 Of 15 July 1998 On Modification And Completion Of The Law The Supreme Court No. 56/1993

Original Language Title:  LEGE nr. 153 din 15 iulie 1998 pentru modificarea şi completarea Legii Curţii Supreme de Justiţie nr. 56/1993

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Law No. 153 of 15 July 1998 on modification and completion of the law the Supreme Court No. 56/1993 PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 267 of 17 July 1998 Parliament adopts this law.


Article 1 of the Supreme Court of Justice Law No. 56/1993, published in the Official Gazette of Romania, part I, no. 159 of 13 July 1993, as amended, modified and completed 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 sections and not more than 80 judges.
The Court is organized into 4 sections-civil, criminal, commercial and administrative-, nine-panel judges and United Stations, each with its own jurisdiction. "
2. Paragraph 2 of article 8 is repealed.
3. Article 13 shall read as follows: Art. 13. President, Vice President, the Presidents of wards and the other judges of the Supreme Court of Justice shall be appointed by Decree of the President of Romania, at the initiative of the Superior Council of Magistracy, made on the recommendation of the Minister of Justice, over a period of 6 years.
Where the term of Office of the President, Vice-President, Chairman of the Department or of a judge of the Supreme Court of Justice has come to an end before the expiry of the duration for which it was named, in that function will be called with the conditions stipulated by law, another person. The term of Office of the President, Vice-President, Chairman of the Department or of the judge so appointed shall cease upon expiry of the term of Office that had the predecessor whom he replaced. "
4. Article 14 shall read as follows: Art. 14.-in order to be appointed to the Supreme Court of Justice, the judges shall meet the conditions laid down by law No. 92/1992 for the judicial organisation, republished, and have a length of at least 15 years in the judiciary for the President, Vice President and the Presidents of wards and at least 12 years for judges.
The magistrate shall be deemed, for the purposes of paragraph 1. 1, and the period during which a person has performed the duties of a teacher at the Faculty of law, scientific researcher of the Institute of legal research of the Academy, judge of the Constitutional Court, Justice Ministry Advisor times. "
5. Article 16 shall read as follows: Art. 16.-before starting to perform, the judges will submit the following oath in front of the President: lt; Lt; I swear to respect the Constitution and laws of the country, fundamental rights and freedoms of citizens, let me meet with honor, conscience and without any bias I powers. So help me God! GT; gt; "
6. Article 21 shall read as follows: Art. 21.-Supreme Court of Justice Departments were the following: Department of civil appeals judge: a) in civil, as determined by the code of civil procedure, apart from those brought into the jurisdiction of the other wards by this law or by special laws;
  

b) against judgments in lawsuits, in cases determined by law;
  

c) any other matter relating to the causes that were not within the competence of the other wards.
  

Criminal appeals judge: section a) in criminal matters, in the cases determined by the criminal procedure code or special laws;
  

b) against judgments in criminal matters by military courts.
  

Commercial Department judge appeals against judgments in commercial matters, in the cases determined by law.
Department of administrative law judge recourses: a) in administrative matters, in the cases determined by law;
  

b) in respect of expropriation;
  

c fiscal matters), with the exception of disputes which are given by special laws in the jurisdiction of other courts. "
  

7. Paragraph 2 of article 24 shall read as follows: "the causes of the first court judge by the Criminal Section."
8. Article 26 shall be repealed.
9. Article 31 shall read as follows: Art. 31.-If a court deems appropriate to the jurisprudente own, the judgment will be interrupted and will be United Stations of the Supreme Court of Justice, which judging from the summoning of parties whose judgment has been discontinued. After United Departments called upon referral concerning the change of case-law, the judgment will continue. "
10. Paragraph 2 of article 37 shall read as follows: "the Chief Magistrates have assistants of the Chairman of the tribunal shall be appointed from among judges and assistants with a length of at least 3 years in this function. After a 2 year stint as Assistant Chief Magistrate, they can be move forward on the spot to the rank of judge of the Court of appeal and, after 5 years, the other the President of the appeals court. "
11. In paragraph 4 of article 37 shall read as follows: "the President of the Court may be reduced by a quarter the length of specialist magistrates who have had assistants outstanding results in the work done."
12. Paragraph 1 of article 48 shall read as follows: "For appointment to the post of director is necessary in an age of at least 10 years in the judiciary, and other assistants, magistrates for a length of at least 7 years. The provisions of article 36-38 shall apply accordingly. "
13. paragraph 3 of article 58 shall read as follows: "decisions handed down by the disciplinary Commission can declare opposition to the Panel of nine judges of the Supreme Court of Justice, as provided for by law No. 92/1992 for the judicial organisation, republished. "
14. Article 61 shall read as follows: Art. 61. the President of the Supreme Court of Justice approve the State functions of the Supreme Court of Justice shall appoint, promote, suspend and terminate staff from the Office of the Court, except for the judiciary; 13, and supervises the work of guiding proposals for legislation, studies and documentation and publication of the judicial practice of the Supreme Court of Justice. "
15. Article 66 is repealed.


Article 2 lawsuits on the role of the Military Division of the Supreme Court of Justice on the date of entry into force of this law shall be judged by the Criminal Section of the Court.


Article 3 Section Staff of the Supreme Court of Military Justice will be allocated, taking into account the option made at other sections of the Court, provided that the passage in the book.


Article 4 of the Supreme Court of Justice Law No. 56/1993, published in the Official Gazette of Romania, part I, no. 159 of 13 July 1993, as amended and with those made by this Bill, will the Republic Official Gazette of Romania, giving it a new numbered items.
This law was adopted by the Senate at its meeting on 7 July 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU this law was adopted by the Chamber of deputies at its meeting of 9 July 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. M. CHAMBER of DEPUTIES PRESIDENT PAULA IVANESCU — — — — — — — — —