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Law No. 653 Of 7 December 2002 Approving Government Emergency Ordinance Nr. 20/2002 On Amending And Completing Law No. 92/1992 For The Judicial Organisation

Original Language Title:  LEGE nr. 653 din 7 decembrie 2002 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 20/2002 privind modificarea şi completarea Legii nr. 92/1992 pentru organizarea judecătorească

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LEGE no. 653 653 of 7 December 2002 for approval Government Emergency Ordinance no. 20/2002 amending and supplementing Law no. 92/1992 for judicial organisation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 905 905 of 12 December 2002



The Romanian Parliament adopts this law + Article 1 Approval Government Emergency Ordinance no. 20 20 of 20 February 2002 amending and supplementing Law no. 92/1992 for the judicial organization, published in the Official Gazette of Romania, Part I, no. 151 of 28 February 2002, with the following amendments and additions: 1. in Article I, after point 1, point 1 ^ 1 is inserted as follows: "" 1 ^ 1. Article 22 will read as follows: Lt; Art. 22. -In each county operates a court based in the county's place of residence. In Bucharest there is also a court. The headquarters of the Ilfov Tribunal is in Buftea. gt; gt; " 2. Article I, after point 2, insert point 2 ^ 1 with the following contents: "" 2 ^ 1. Paragraph 1 of Article 78 shall read as follows: lt; Lt; Candidates admitted to the contest of entry into the National Institute of Magistracy have the status of justice auditor and benefit from a monthly scholarship, established in relation to the seniority as an auditor, based on the gross allowance provided by law for trainee magistrates, from which the individual legal contributions for the Fund for the payment of unemployment benefits, the Health Insurance Fund, the public social insurance system, as well as the tax, under the law, shall be transferred. gt; gt; ' 3. In Article I, point 4, art. 87 87 will have the following contents: "" Art. 87. -In the Superior Council of Magistracy are elected: a) 3 judges of the Supreme Court of Justice; b) 2 prosecutors from the Prosecutor's Office of the Supreme Court of Justice; c) 6 judges from the courts of appeal; d) 3 prosecutors from the prosecutor's offices near the courts of appeal; e) 2 judges from the courts; f) a prosecutor from the prosecutor's offices of the courts. The appointment of candidates for the election as members of the Superior Council of Magistracy is made in the general meetings of the judges or, as the case may be, of the prosecutors, from the courts and the prosecutor's offices provided in 1, of the judges and prosecutors who in the last 4 years of activity had only the rating of lt; lt; very well gt; gt;. The appointment of candidates takes into account the seniority as judge or prosecutor, the professional training and the title of doctor in law, the meritorious activity carried out, the ability to organize and decision, the objectivity and the tact in service relations and with collaborators. For the appointment of candidates provided in par. 1 lit. a) and b), in the general meeting of the judges of the Supreme Court of Justice, respectively the prosecutors of the Prosecutor's Office of the Supreme Court of Justice, are elected by secret ballot and personal 3 judges and 2 prosecutors. For the appointment of judges and prosecutors provided in par. 1 lit. c) and d), each appellate court and each parquet of the appellate court proposes, in its general assembly, one candidate. The judges of the courts of appeal and prosecutors of the prosecutor's offices of these courts, respectively, gathered in general meetings at national level, designate by secret ballot and staff the candidates for 6 seats of judges and for 3 seats of prosecutors, of the judges and prosecutors proposed according to par. 4, in an election held according to the established procedure, at the proposal of the Superior Council of Magistracy, by order of the Minister of Justice For the appointment of judges and prosecutors provided in par. 1 lit. e) and f), each court and each parquet of the court proposes, in its general assembly, one candidate. The judges and prosecutors, respectively, proposed according to par. 6 meet in joint meetings and designate among them, by secret and personal vote, the candidates for 2 seats of judges and for a place of prosecutor, in an election organized after the procedure provided in par. 5. The common meetings of the judges or, as the case may be, of the prosecutors proposed according to para. 6 are legally constituted with their unanimous participation. General meetings of judges or prosecutors are legally constituted for the appointment or proposal of candidates for election as members of the Superior Council of Magistracy in the presence of at least two thirds of the judges or, as the case may be, of prosecutors, who must participate, according to par. 2-6, to nominate candidates. General meetings of judges or prosecutors, as well as joint meetings of judges or prosecutors, provided in par. 7, are chaired by the judge or, as the case may be, the prosecutor with the highest effective seniority in the magistracy. At equal age the president of the general meeting or, as the case may be, of the joint meeting is the age The date on which the general meetings of the judges and prosecutors take place, as well as the date of the joint meetings of the judges or prosecutors, provided in par. 7, shall be established by the Superior Council of Magistracy. The proposal and nomination of candidates for election as members of the Superior Council of Magistracy shall be made with the vote of the majority of judges or, as the case may be, of prosecutors present at general meetings or, as the case may be constituted. Candidates appointed to be elected to the Superior Council of Magistracy shall be listed, in compliance with the provisions of par. 1, in descending order of votes obtained in general meetings or in joint meetings. Results on the appointment of candidates in general meetings of judges and prosecutors or, as the case may be, in the joint meetings provided in par. 7 are transmitted to the Superior Council of Magistracy by their presidents, together with the documents certifying the fulfilment of the conditions provided in par. 2 and a curriculum vitae of each candidate. After verifying compliance with the legal conditions of conducting general meetings or joint meetings, as well as nominating candidates the Superior Council of Magistracy centralizes and conveys to the Minister of Justice the list of candidates, accompanied by the documents certifying the fulfilment of the conditions provided in 2 and a curriculum vitae of each candidate. The list of candidates appointed to be elected to the Superior Council of Magistracy is transmitted to the permanent offices of the Chamber of Deputies and the Senate by the Minister of Justice, within 5 days from the date of receipt of the list and documents provided in par. 13. The permanent offices of the Chamber of Deputies and the Senate submit to the legal committees the list of candidates, in order to hear them Following the hearing the legal committees draw up a joint report, in which reference is made, motivated, to all applications and presented in the joint meeting of the Chamber of Deputies and the Senate. If the legal committees propose by the report that one or more candidates are not entered on the list presenting to the two Chambers, the Minister of Justice presents new proposals for the seats of these candidates, among his judges, where appropriate, the prosecutors who obtained the number of votes provided in par. 10, in descending order of votes obtained in general meetings or, as the case may be, in joint meetings. The list of candidates is entirely subject to vote in the joint sitting of the Chamber of Deputies and the Senate and is approved by the vote of the majority of deputies The vote is exercised in secret and personal, with balls. If the list submitted to the vote does not meet the number of votes provided in par. 18, the legal committees of the Chamber of Deputies and the Senate will propose to the Parliament plenary another list of judges and prosecutors appointed according to par. 1-14. The new list may include magistrates initially proposed in the general meetings of judges and prosecutors or, as the case may be, in joint meetings, in compliance with the provisions of par. 11 11 and 17. If the activity of a member within the Superior Council of Magistracy ceases, a new member is elected in compliance with the provisions of par. 1 1-18 and art. 86. The mandate of the new member shall last until the expiry of the mandate of the one where he was elected. 4. in Article I, after point 4, points 5 and 6 are inserted as follows: "" Five. Article 87 ^ 1 will read as follows: Lt; Art. 87 87 ^ 1. -60 days before the expiry of the mandate of the Superior Council of Magistracy in office, the Minister of Justice will request the courts and prosecutors, who designate the candidates for the Superior Council of Magistracy according to art. 87, to follow the procedures for the appointment of candidates and their choice, within no more than 30 days. The Minister of Justice submits proposals received to the permanent offices of the Senate and the Chamber of Deputies, 30 days before the expiration of the mandate of the members of the Superior Council The members of the Superior Council of Magistracy continue their activity until the entry into the performance of the new Superior Council of Magistracy. gt; gt; 6. Annex no. 1 lt; Lt; Judges, prosecutor's offices and localities of their residence gt; gt;, in Ilfov county, lt; lt; Ilfov Court, locality of residence of Bucharest gt; gt; is replaced by lt; Lt; Cornetu Court, locality of residence the commune of Cornetu. gt, gt, ' 5. Article III (1) shall be inserted after Article III: "" Art. III ^ 1. -In order to apply the provisions of this emergency ordinance the Government will properly supplement the maximum number of posts approved for the Ministry of Justice. " 6. Article V shall read as follows: "" Art. V.-Provisions art. 86 86, 87 and 87 ^ 1 of Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions, as well as with those brought by the law approving this emergency ordinance, shall apply from the election of the new Superior Council of Magistracy. Within 30 days of the entry into force of the law approving this emergency ordinance, the Minister of Justice will carry out the provisions art. 87 87 of Law no. 92/1992 ,, as supplemented and amended by this Emergency Ordinance. '; + Article 2 Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of September 30, 1997, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of 18 November 2002, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of November 26, 2002, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, December 7, 2002. No. 653. -----------