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Law No. 124 Of 13 July 2000 On Personnel Structure Of The Constitutional Court

Original Language Title:  LEGE nr. 124 din 13 iulie 2000 privind structura personalului Curţii Constituţionale

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LEGE no. 124 124 of 13 July 2000 on the structure of the staff
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 331 331 of 17 July 2000



The Romanian Parliament adopts this law + Article 1 The staff of the Constitutional Court consists of: the body of the assistant magistrates, the specialized auxiliary staff, the economic, administrative and service personnel. + Article 2 (1) The body of assistant magistrates shall operate under the direction of the President of the Constitutional Court and shall consist of: a) First-Magistrate-Assistant; b) 3 chief assistants, one of whom is director of the cabinet of the Constitutional Court; c) 18 assistant magistrates who can be organized in the wards, according to the Regulation of organization and functioning of the Constitutional Court. (2) May be appointed as assistant magistrate-person who meets the conditions provided in par. ((1) lit. a)-e) and in par. ((2) of art. 46 46 of Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions. (3) For appointment as first magistrate-assistant or as chief-assistant magistrate it is necessary to carry out, as appropriate, the conditions of seniority provided for art. 37 and 38 of the Supreme Court of Justice Act No. 56/1993 , republished, with subsequent amendments and completions, or holding the title of doctor in law. (4) For the appointment as assistant magistrate it is necessary a seniority in the magistracy of at least 6 years or a seniority in the magistracy, as a judge or prosecutor, for at least 4 years or the possession of the title of doctor in law. (5) Person who does not meet the conditions provided in par. (4) can be appointed as a trainee assistant magistrate, within the number of seats of assistant magistrate provided in par. ((1) lit. c). The assistant magistrate-trainee is part of the body of assistant magistrates. (6) The appointment of the members of the assistant magistrates is made by the President of the Constitutional Court on the basis of competition or examination. The examination committee is appointed by the President of the Constitutional Court and consists of 5 judges of the Court, in the case of the first-magistrate-assistant and of the chief-assistants, and of 3 judges of the Court in the other cases. The results of the competition or examination are validated by the Constitutional Court. (7) The director of the office of the President of the Constitutional Court is appointed by the President of the Constitutional Court, during the period On the proposal of the President of the Constitutional Court the plenum of the Court can approve the appointment as chief magistrate-assistant chief, with duties of director of the president's office, of a person who is under the assumption provided ((5). (8) The first-magistrate-assistant, chief-assistants and assistant magistrates are members of the Corps of magistrates, within the meaning provided for by Title IV of the Law no. 92/1992 , republished, with subsequent amendments and completions. They are assimilated, as rank and payroll, with magistrates from the Supreme Court of Justice who occupy similar positions, duly benefiting from their rights. (9) The trainee magistrates-assistants are assimilated as rank and payroll, with the trainee judges of the courts. The internship is 2 years. For the graduates of the National Institute of Magistracy, as well as for the director of the cabinet of the President of the Constitutional Court, appointed (7) The second sentence, the internship is one year. Upon the expiry of the trainee the trainee assistant magistrate who passed the capacity examination becomes the assistant magistrate. The capacity exam is carried out according to the regulation approved by the Constitutional Court. (10) The first-magistrate-assistant, chief-assistants, assistant magistrates and assistant magistrates-trainees meet, as the case may be, the powers provided by the Rules of Organization and Functioning of the Constitutional Court. (11) The members of the staff of the magistrates-assistants shall comply with the obligations art. 40 lit. b) and d)-f) of Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished, which shall apply to them accordingly. + Article 3 (1) The specialized auxiliary staff and the economic, administrative and service personnel are part of the General Secretariat of the Constitutional Court, which is led by a general secretary, assimilated, as rank and payroll, to the secretaries general of the To the Houses of Parliament and the Secretary General The Secretary-General is appointed and released from office by the plenum of the Constitutional Court between the jurists who meet the conditions provided in 2 2 para. ((2) and (4). (2) The organizational structure of the General Secretariat of the Constitutional Court, the nomenclature of its functions and the duties of the staff shall be approved by the Court (3) The Secretary-General shall operate under the President of the Constitutional Court. The Secretary-General shall ensure the preparation, organization and coordination of activities within the General Secretariat, the tasks of which are established by the Rules of Organization and Functioning of the Constitutional Court The Secretary-General is the principal authorising officer under the conditions art. 11 11 para. ((2) of Law no. 47/1992 , republished. + Article 4 The specialized auxiliary staff, composed of employees operating at the graft, registry and archive compartments within the Constitutional Court, is assimilated, as rank and payroll, to the specialized auxiliary staff of the Court Supreme of Justice, duly benefiting from its rights. + Article 5 (1) The economic, administrative and service personnel are assimilated, as rank and payroll, to the corresponding staff of the Parliament, benefiting, accordingly, from its rights. (2) The specialized legal staff carrying out research or documentation, of protocol, in the field of external relations of the Constitutional Court or in the field of human resources is assimilated, as rank and payroll, Assistant magistrates or, as the case may be, trainee magistrates, duly benefiting from their rights. + Article 6 (1) Within 30 days from the date of entry into force of this law the plenum of the Constitutional Court will establish the conditions for the assimilation provided in art. 5 5 para. ((2) in respect of staff with existing legal training. (2) On the date of entry into force of this Law, the provisions art. 47 47 and 48 of Law no. 47/1992 , republished, as well as any other provisions to the contrary. This law was adopted by the Chamber of Deputies at the meeting of May 23, 2000, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, BOGDAN NICULESCU-DUVAZ This law was adopted by the Senate at the meeting of 28 June 2000, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU -----