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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071828/-lege-nr.-124-din-13-iulie-2000-privind-structura-personalului-curii-constituionale.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 124 of 13 July 2000 on personnel structure of the Constitutional Court, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 331 of 17 July 2000, the Romanian Parliament adopts this law.


Article 1 the staff of the Constitutional Court is composed of magistrates: the body-assistants, support staff, administrative staff, economic and service.


Article 2 (1) the body of magistrates-nurses operate under the leadership of the President of the Constitutional Court and is composed by: a) Prime magistrate Assistant;
  

b) 3 magistrates-assistants, one of whom is the director of the Cabinet of the President of the Constitutional Court;
  

c) 18 magistrates-assistants can be organised in sections, according to the rules of organization and functioning of the Constitutional Court.
  

(2) can be named as Assistant magistrate, the person who satisfies the conditions referred to in paragraph 1. (1) (a). a)-e) and in para. (2) of article 3. 46 of the law nr. 92/1992 for the judicial organisation, republished, with subsequent amendments and additions.
  

(3) For appointment as first Assistant or magistrate as the magistrate assistant head is required, as appropriate, fulfilment of the conditions of seniority referred to in art. 37 and 38 of the Act Supreme Court No. 56/1993, republished, with subsequent amendments and additions, or holding the title of doctor of law.
  

(4) For appointment as Assistant magistrate is required the master of at least 6 years old or in the judiciary as a judge or Prosecutor for at least 4 years times holding the title doctor of law.
  

(5) a person who does not meet the conditions laid down in paragraph 1. (4) can be named as Assistant trainee magistrate, within the limits of the number of jobs-Assistant magistrate referred to in paragraph 1. (1) (a). c) trainee Assistant Magistrate. is part of the body of magistrates-assistants.
  

(6) the appointment of members of the judiciary-assistants shall be made by the President of the Constitutional Court based competition or exam. The examination Committee shall be called by the President of the Constitutional Court and is made up of five judges of the Court, in the case of Prime magistrate-magistrates and Assistant-Chief assistants, and of 3 judges in other cases. The results of the competition or examination shall be validated by the Constitutional Court.
  

(7) the Director of the Cabinet of the President of the Constitutional Court shall be called by the President of the Constitutional Court, during the exercise of its mandate. On the proposal of the President of the Constitutional Court the Court may approve the appointment as Assistant Chief Magistrate with powers of director of the Cabinet of the President, of a person who was in the hypothesis provided for in paragraph 1. 5. (8) Prime magistrate-magistrates-assistants assistant chiefs and magistrates-assistants are part of the body of magistrates in the sense required by title IV of law No. 92/1992, republished, with subsequent amendments and additions. They are assimilated, as rank and salary, with magistrates of the Supreme Court of Justice which deal with similar functions, taking advantage of their rights.
  

(9)-judges-trainees are assimilated as assistants rank and salary, with judges interns from the courts. The qualifying period is 2 years. For graduates of the National Institute of Magistracy, as well as Director of the Cabinet of the President of the Constitutional Court, appointed in accordance with paragraph 1. (7) in the second sentence, the stage is a year internship at the expiration of the magistrate Assistant trainee who has passed the examination capacity becomes magistrate Assistant. The capacity is conducted according to the rules approved by the plenum of the Constitutional Court.
  

(10) First Assistant, magistrate-magistrates-magistrates-assistants, assistants and trainee assistants-judges-meet, where applicable, the powers provided for by the rules of organization and functioning of the Constitutional Court.
  

(11) the members of the judiciary with their assistants-obligations under article 4. 40 lit. b) and d)-f) of law No. 47/1992 concerning the Organization and functioning of the Constitutional Court, republished, that is applied properly.
  


Article 3 (1) staff and the staff of the economic, administrative and service are part of the General Secretariat of the Constitutional Court, which is headed by a Secretary general, assimilated, as rank and salary, the Secretaries-General of the Chambers of Parliament and the Secretary general of the Government. The Secretary general is appointed and dismissed by the plenum of the Constitutional Court of the lawyers who meet the conditions laid down in article 21. 2 (2). (2) and (4).
  

(2) the organizational structure of the General Secretariat of the Constitutional Court, its functions and tasks of the nomenclature of the staff is approved by the Court.
  

(3) the Secretary-General shall work under the leadership of the President of the Constitutional Court. The Secretary-General shall ensure the preparation, organisation and coordination for the Secretariat-General, whose powers are established by the rules of organization and functioning of the Constitutional Court. The Secretary-General is the originator, pursuant to article. 11(2). (2) of law No. 47/1992, republished.
  


Article 4 staff, composed of employees who work at the Registry Office of the registry, compartments and archive within the Constitutional Court shall be assimilated, as rank and salary, staff from the Supreme Court of Justice, taking advantage of its rights.


Article 5 (1) economic, administrative and Personnel Service shall be treated as salary, rank and appropriate staff of the Parliament, accordingly, its rights.
  

(2) legal expert staff who are engaged in research or documentation of protocol, foreign relations of the Constitutional Court or in the area of human resources shall be treated as salary, rank and magistrates-assistants or, where appropriate, interns, assistants of magistrates-taking advantage of their rights.
  


Article 6 (1) within 30 days after the date of entry into force of this law the Constitutional Court will set conditions for the assimilation referred to in art. 5 para. (2) in respect of staff with legal training.
  

(2) on the date of entry into force of the present law shall repeal the provisions of art. 47 and 48 of the law nr. 47/1992, republished, as well as any other provisions to the contrary.
  

This law was adopted by the Chamber of deputies at its meeting on 23 May 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT CHAMBER of DEPUTIES, BOGDAN NICULESCU-DUVAZ this law was adopted by the Senate at its meeting on 28 June 2000, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. NICHOLAS, PRESIDENT of the SENATE ULM SADR--