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Law No. 317 On 1 July 2004 (Republished) Relating To The Superior Council Of Magistracy

Original Language Title:  LEGE nr. 317 din 1 iulie 2004 (*republicată*) privind Consiliul Superior al Magistraturii

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LEGE no. 317 317 of 1 July 2004 (** republished) (* updated *) on the Superior Council of Magistracy ((updated until 5 July 2016 *)
ISSUER PARLIAMENT




---------- __________ Note
** **) Republicated pursuant to art. 80 80 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I, no. 365 of 30 May 2012, giving the texts a new numbering.
Law no. 317/2004 on the Superior Council of Magistracy was republished in the Official Gazette of Romania, Part I, no. 827 827 of 13 September 2005 and subsequently amended and supplemented by:
- Government Emergency Ordinance no. 27/2006 on the salary and other rights of judges, prosecutors and other categories of personnel in the justice system, published in the Official Gazette of Romania, Part I, no. 314 of 7 April 2006, approved with amendments and additions by Law no. 45/2007 , published in the Official Gazette of Romania, Part I, no. 169 of 9 March 2007, with subsequent amendments and completions;
- Government Emergency Ordinance no. 195/2008 for amending and supplementing certain normative acts in the field of justice, published in the Official Gazette of Romania, Part I, no. 825 of 8 December 2008, approved with amendments and additions by Law no. 118/2009 , published in the Official Gazette of Romania, Part I, no. 285 285 of 30 April 2009;
- Government Emergency Ordinance no. 59/2009 for amendment Law no. 303/2004 on the status of judges and prosecutors and amending and supplementing Law no. 317/2004 on the Superior Council of Magistracy, published in the Official Gazette of Romania, Part I, no. 439 of 26 June 2009, approved with amendments and additions by Law no. 36/2011 , published in the Official Gazette of Romania, Part I, no. 204 204 of 24 March 2011;
- Law no. 24/2012 to amend and supplement Law no. 303/2004 on the status of judges and prosecutors and Law no. 317/2004 on the Superior Council of Magistracy, published in the Official Gazette of Romania, Part I, no. 51 51 of 23 January 2012.
+ Chapter I General provisions + Article 1 (1) The Superior Council of Magistracy is the guarantor of judicial independence. (2) The Superior Council of Magistracy is independent and is subject to its law only. Members of the Superior Council of Magistracy answer to judges and prosecutors for the work carried out in the exercise of their + Article 2 The Superior Council of Magistracy has legal personality and headquarters in Bucharest. + Chapter II Organization of Superior Council of Magistracy + Section 1 Structure of Superior Council of Magistracy + Article 3 The Superior Council of Magistracy is made up of 19 members, of which: a) 9 judges and 5 prosecutors, elected in general meetings of judges and prosecutors, who compose the two sections of the Council, one for judges and one for prosecutors; b) 2 representatives of civil society, specialists in the field of law, who enjoy high professional and moral reputation, elected by the Senate; c) President of the High Court of Cassation and Justice, representative of the judiciary, the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, who are members of law of the Council. + Article 4 The section for judges of the Superior Council of Magistracy consists of: a) 2 judges of the High Court of Cassation and Justice; b) 3 judges from the courts of appeal; c) 2 judges from the courts; d) 2 judges from the judges. + Article 5 The section for prosecutors of the Superior Council of Magistracy consists of: a) 1 prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate; b) 1 prosecutor from the prosecutor's offices of the courts of appeal; c) 2 prosecutors from the prosecutor's offices of the courts; d) 1 prosecutor from the prosecutor's offices of the judges. + Section 2 Election of the members of the Superior Council + Article 6 (1) Judges and prosecutors, members of the Superior Council of Magistracy, provided in art. 3 lit. a), are elected in general meetings of judges or, as the case may be, of prosecutors. (2) The date on which the general meetings of the judges and prosecutors take place shall be determined by the Plenum of the Superior Council of Magistracy at least 90 days before the expiry of the mandate of its members and shall be published in the Gazette Official of Romania, Part III, and on the website of the Superior Council of Magistracy. + Article 7 (1) Members of the Superior Council of Magistracy shall be elected from among judges and prosecutors appointed by the President of Romania (2) Judges and prosecutors can support their applications for election as members of the Superior Council of Magistracy before the collective of judges and prosecutors. The candidacies of judges and prosecutors can be supported by the collectives of judges and prosecutors, as well as their professional associations. (3) The period during which the applications may be submitted shall be established by the Plenum of the Superior Council of Magistracy and shall be published in the Official Gazette of Romania, Part III, and on the website of the Superior Council of Magistracy. (4) Candidates shall be submitted to the Governing College of the High Court of Cassation and Justice, to the Governing College of the Prosecutor's Office of the High Court of Cassation and Justice, to the Governing College of the National Anti-Corruption Directorate or to the driving colleges of the appellate courts or of the prosecutor's offices, accompanied by: a) curriculum vitae; b) a draft on the main objectives that judges or prosecutors will pursue in case of election to the Superior Council of Magistracy, as well as, as the case may be, the documents supporting the candidacy; c) a self-declaration showing that they were not part of the information services before 1990, nor did they collaborate with them; d) an authentic declaration, on its own responsibility, according to the criminal law, showing that there are no operational workers, including covered, informants or collaborators of the intelligence services; e) an updated statement of interests. (5) Members of the Superior Council of Magistracy may not be elected judges and prosecutors who were part of the intelligence services before 1990 or have collaborated with them or those who have a personal interest in influencing or could influence the achievement with objectivity and impartiality of the duties provided by law. (6) The leading colleges of the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Directorate, the appellate courts and the prosecutor's offices beside them verify the fulfilment the conditions provided in par. ((1)-(5) by the judges and prosecutors who submitted their applications. + Article 8 (1) The Judges of the High Court of Cassation and Justice shall elect, in the general assembly, by secret ballot, directly and personally, 2 members for the Superior Council of Magistracy, among the judges who have applied. (2) Prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice and prosecutors from the National Anti-Corruption Directorate choose, in the joint general assembly of prosecutors from them, by secret ballot, directly and personally, a member for The Superior Council of Magistracy between the prosecutors who submitted their candidacy. At the general meeting, prosecutors from the territorial structures of these prosecutors also vote. (3) They are elected as members of the Superior Council of Magistracy 2 judges of the High Court of Cassation and Justice, a prosecutor from the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate, who have obtained a majority of votes in the general meetings. (4) If none of the candidates obtain a majority of votes, the second round of the elections to which the judges and prosecutors ranked in the first two places are organized. He is elected member of the Superior Council of Magistracy the candidate who won the highest number of votes in the second round of elections. + Article 9 (1) The governing college of each appellate court and each parquet beside them centralizes the applications submitted by the judges and prosecutors of their constituencies. (2) The candidates shall be centralized by categories of courts and prosecutors ' offices and shall be transmitted to the courts and prosecutors of the district of the appeal court, accompanied by the documents provided in art. 7 7 para. ((4). (3) The governing college of each appellate court holds its own general assembly, the general assembly of judges from the courts and specialized courts of the appellate court constituency and the general assembly of judges from the courts of the appellate court. (4) The governing college of each parquet of the appellate courts holds its own general assembly, the general assembly of prosecutors from the prosecutor's offices of the courts and the specialized courts of the appellate court constituency and the general assembly of prosecutors from the prosecutor's offices of the courts of the appellate court. + Article 10 (1) Judges of each appellate court, judges of all courts and specialized courts of the constituency of each appellate court and judges of all courts of the constituency of each appellate court shall designate, in the 3 general meetings, by secret ballot, directly and personally, one candidate for the position of member of the Superior Council of Magistracy between the judges who submitted their candidacy. (2) Prosecutors from each parquet of the appellate courts, prosecutors from all prosecutor's offices to the courts and specialized courts in the constituency of each appellate court and prosecutors from the prosecutor's offices of the courts of the the constituency of each court of appeal designates, in the 3 general meetings, by secret ballot, directly and personally, one candidate for the position of member of the Superior Council of Magistracy between the prosecutors who submitted their candidacy. (3) They are appointed to run for the position of member of the Superior Council of Magistracy judges and prosecutors who have obtained a majority of votes in the general meetings provided in par. ((1) and (2). Art. 8 8 para. ((4) shall apply accordingly. (4) Military judges and military prosecutors shall apply to the Bucharest Military Court of Appeal or, as the case may be, to the Military Prosecutor's Office of the Bucharest Court of Appeal. Provisions of paragraph ((1)-(3) shall apply accordingly. The Territorial Military Court of Bucharest and the military courts, as well as the prosecutors ' offices, shall designate a candidate who will be included on the lists provided for in art. 11 11 para. ((1) lit. c) and e) and d) and f). (5) The Superior Council of Magistracy draws up the lists of judges and prosecutors appointed to run for the position of member of the Superior Council of Magistracy, by categories of courts and prosecutors. (6) The lists provided in par. (5) and the documents provided in art. 7 7 para. (4) is published on the website of the Superior Council of Magistracy. (7) 8 8 para. ((4) shall apply accordingly. + Article 11 (1) The lists of judges and prosecutors who have been appointed to run for membership of the Superior Council of Magistracy shall be transmitted to the courts or, as the case may be, to the prosecutor's offices, by the Superior Council of Magistracy, with the days before the date set for general meetings, as follows: a) the list of 16 candidates from the courts of appeal is sent to all courts of appeal; b) the list comprising the 16 candidates from the prosecutor's offices of the appellate courts is transmitted to all the prosecutor's offices of the appellate courts; c) the list comprising the 16 candidates from the courts and specialized tribunals is transmitted to all specialized courts and tribunals; d) the list comprising the 16 candidates from the prosecutor's offices of the courts and specialized courts is transmitted to all the prosecutor's offices of the courts and specialized courts; e) the list comprising the 16 candidates from the judges is transmitted to all courts; f) the list comprising the 16 candidates from the prosecutor's offices of the judges is transmitted to all the prosecutor's offices of the judges. (2) The lists provided in par. (1) and the documents provided in art. 7 7 para. (4) shall be displayed at the premises of the courts and prosecutors. + Article 12 (1) The lists provided for in art. 11 11 para. (1) and the documents provided in art. 7 7 para. (4) shall be transmitted by the Superior Council of Magistracy to the courts and prosecutors, accompanied by ballots. (2) The Superior Council of Magistracy shall transmit to each court and to each parquet a number of ballots stamped equal to the number of judges and prosecutors of the prosecutor's office, with an additional 10%. (3) The form and content of the ballots shall be established by the Plenum of the Superior Council of Magistracy (4) The printing of ballot papers shall be ensured by the Superior Council of Magistracy. + Article 13 (1) In order to elect the members of the Superior Council of Magistracy, the general assembly of the judges or, as the case may be, of the prosecutors shall be convened within each court and each parquet (2) Judges from the courts of appeal and prosecutors from the prosecutor's offices in addition to these choose as members of the Superior Council of Magistracy, in their general meetings, by secret ballot, directly and personally, 3 judges from the courts of appeal and a Prosecutor from the prosecutor's offices beside them. (3) Judges from the courts and specialized courts and prosecutors from the prosecutor's offices in addition to these choose as members of the Superior Council of Magistracy, in their general meetings, by secret ballot, directly and personally, 2 judges from courts and specialized courts and 2 prosecutors from the prosecutor's offices beside them. (4) Judges from the judges and prosecutors of the prosecutor's offices of these courts elect as members of the Superior Council of Magistracy, in their general meetings, by secret ballot, directly and personally, 2 judges from the judges and a prosecutor of at the parquet floors beside these. + Article 14 (1) In the procedure for nominating candidates and electing members of the Superior Council of Magistracy, general meetings are legally constituted in the presence of at least two thirds of the number of judges or, as the case may be, of prosecutors in function, including those delegated or seconded from other courts or prosecutors ' offices. (2) The general meetings are presided over by the magistrate with the highest seniority in the magistracy, who did not apply for the position of member of the Superior Council of Magistracy. (3) In the procedure of electing members of the Superior Council of Magistracy, each judge and prosecutor shall vote a number of candidates equal to the number of members of the Superior Council of Magistracy, who represent the category of courts or prosecutors at the level of which his judge, as the case may be, the prosecutor (4) If fewer persons were voted than those provided in par. (3), the vote is void. (5) At the election of the members of the Superior Council of Magistracy, the judges and prosecutors seconded to other authorities than at the courts or prosecutor's offices + Article 15 (1) The judge or prosecutor who presided over the general assembly, together with 2 judges or prosecutors appointed before the vote of general meetings: a) ensure the counting of votes; b) prepare the minutes on the conduct of the elections and the results of the vote and transmit it to the Superior Council of Magistracy; c) communicate the names of the judges or prosecutors appointed to run for the position of member of the Superior Council of Magistracy according to art. 10 10 para. (5) or, as the case may be, shall make up and transmit to the Superior Council of Magistracy the list of candidates registered in descending order of votes obtained in the general meetings provided in art. 8 8 para. ((3) and in art. 13 13 para. ((2)-(4). (2) In order to carry out the tasks provided in (1), the judge or prosecutor who presided over the general assembly is helped by 2 judges or, as the case may be, by 2 prosecutors, appointed by the general meetings, between the judges or prosecutors who did not submit their applications. + Article 16 (1) The Superior Council of Magistracy centralizes the results of the vote in the constituencies of all appeals courts and prosecutors ' offices. (2) They are elected as members of the Superior Council of Magistracy: a) 3 judges from the courts of appeal, who obtained the highest number of votes at national level; b) 2 judges from the courts and specialized courts, who obtained the highest number of votes at national level; c) 2 judges from the judges, who obtained the highest number of votes at national level; d) 1 prosecutor from the prosecutor's offices of the courts of appeal, which obtained the highest number of votes at national level; e) 2 prosecutors from the prosecutor's offices of the courts and specialized courts that obtained the highest number of votes at national level; f) 1 prosecutor from the prosecutor's offices of the judges, who obtained the highest number of votes at national level. (3) Provisions art. 8 8 para. ((4) shall apply accordingly. + Article 17 (1) The Superior Council of Magistracy shall verify the legality of the procedures of choice, ex officio or the complaint of any judge or prosecutor. (2) In order to formulate the complaint, the judges and prosecutors have the right to verify the minutes regarding the conduct of the elections and their result, as well as the ballots. (3) Appeals regarding the legality of the procedures of election may be filed with the Superior Council of Magistracy, within 15 days from the date of elections. (4) Appeals shall be settled by the Plenum of the Superior Council of Magistracy, within 5 days from the date of referral. The reasoned solution of the appeal is communicated to the persons who made the referral. (5) If violations of the law are found in the procedures of election, the Superior Council of Magistracy has the necessary measures to remove them, including the repetition of elections, only to the courts or prosecutors to which the violation the law resulted in influencing the outcome of the elections. + Article 18 (1) The Superior Council of Magistracy makes up the final list of magistrates chosen according to the provisions of art. 8 8 para. ((3) and art. 16 16 para. (2) and transmit it to the Standing Senate Office. (2) Before submitting the list to the Permanent Bureau of the Senate, the National Council for the Study of Security Archives shall verify and communicate, within 15 days from the request of the Superior Council of Magistracy, whether the judges and The chosen prosecutors were part of the intelligence services before 1990 or collaborated with them. (3) The permanent office of the Senate shall submit the list provided for (1) to the Legal Committee, to appointments, discipline, immunities and validations, to examine whether the legal provisions on the election of members of the Superior Council of Magistracy have been observed. (4) The Senate, in the presence of the majority of its members, on the basis of the report of the Legal Committee, of appointments, discipline, immunities and validations, validates the list of magistrates elected as members of the Superior Council of Magistracy The refusal of validation can only intervene in case of violation of the law in the procedure of election of members of the Superior Council of Magistracy and only if this violation of the law has as a consequence the influence Art. 17 17 para. ((5) shall apply accordingly. + Article 19 (1) In order to elect the 2 representatives of civil society in the Superior Council of Magistracy, professional organizations of jurists, professional councils of accredited law faculties, associations and foundations that have as objective defense of human rights can propose to the Permanent Bureau of the Senate one candidate (2) Members of the Superior Council of Magistracy shall be elected representatives of civil society who meet the following conditions: a) are specialists in the field of law, at least 7 years old in legal activity; b) enjoy high professional and moral reputation; c) were not part of the information services before 1990, did not collaborate with them and do not have a personal interest that influences or could influence the achievement with objectivity and impartiality of the duties provided by law; d) they do not have the membership of a political party and have not fulfilled public dignity positions in the last 5 years. (3) The proposals for applications shall be submitted to the Permanent Bureau of the Senate, between the 90th day and the 60th day before the expiry of the mandate of the members of the Superior Council of Magistracy, accompanied by the court decision or, as the case may be, the establishment, the constitutive act and the status of legal entities provided in par. (1), as well as their tax record. (4) The period during which the proposals for applications are submitted shall be published in the Official Gazette of Romania, Part III, and on the website of the Superior Council of Magistracy, 30 days before the beginning of the deadline provided in par. ((3). (5) The proposed candidates will present to the Senate the documents provided in art. 7 7 para. ((4), as well as criminal record. (6) List of candidates and documents provided in art. 7 7 para. (4) shall be displayed on the websites of the Senate and the Superior Council of Magistracy, within 5 days from the expiry of their filing period. + Article 20 (1) The Senate chooses, among the candidates provided for in art. 19, the 2 representatives of civil society, according to the procedure provided for in the regulation of this (2) Provisions art. 18 18 para. ((2) shall apply accordingly. + Article 21 The Senate decisions on validation and election of members of the Superior Council of Magistracy shall be published in the Official Gazette of Romania, Part I. + Chapter III Operation of Superior Council of Magistracy + Article 22 (1) Within 15 days from the publication of the decisions provided for in art. 21, the president of the High Court of Cassation and Justice convenes the members of the Superior Council of Magistracy at the establishment meeting. (2) At the founding meeting, chaired by the President of the High Court of Cassation and Justice, the president and deputy chairman of the Superior Council of Magistracy are elected. (3) Within 15 days from the establishment meeting of the Superior Council of Magistracy, the duties and responsibilities of each permanent member, by fields of activity, shall be established. + Article 23 (1) The Superior Council of Magistracy operates as an organ with permanent activity. The decisions of the Superior Council of Magistracy shall be taken in plenary or in the wards, according to their duties. (2) Members of the Superior Council of Magistracy carry out permanent activity (3) The President and the Vice President of the Superior Council of Magistracy do not exercise the activity of judge Judges and prosecutors elected as members of the Superior Council of Magistracy suspend their activity as judge, respectively prosecutor, regarding the presence of judges in full of judgment, namely carrying out acts of prosecution criminal by prosecutors. Upon termination of the mandate, those who opted to suspend the activity resume their work as a judge or prosecutor. (4) The elected members of the Superior Council of Magistracy in office on the date of entry into force of this law may opt to suspend the activity of judge or prosecutor for the remaining period until the end of the mandate. The option is expressed in writing, at the President of the Superior Council of Magistracy, within 30 days from the date of entry into force of this Law *). (5) The management functions held by the judges or prosecutors elected as members of the Superior Council of Magistracy shall be suspended by law on the date of publication of the Senate decision in the Official Gazette of Romania, Part I. Superior of the Magistracy holding a leading position at courts or prosecutor's offices, on the date of entry into force of this law *), may opt for the suspension from the respective driving position under the conditions of par. ((3). Note
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* *) See Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 653 of 22 July 2005, with subsequent amendments and completions.
(6) The period during which the judge or prosecutor is a member of the Superior Council of Magistracy constitutes seniority in these positions.
+ Article 24 (1) The Superior Council of Magistracy is headed by the president, assisted by a vice president, elected from among the judges and prosecutors provided in art. 3 lit. a), which are part of different wards, for a one-year term, which cannot be renewed. (2) The chairman and deputy chairman of the Superior Council of Magistracy shall be elected by plenary, in the presence of at least 15 members of the Council, with the vote of the majority (3) The President of the Superior Council of Magistracy has the following main duties a) represents the Superior Council of Magistracy in internal and international relations; b) coordinate the activity of the Superior Council of Magistracy and distribute the works for the plenary and wards; c) presides over the works of the Plenum of the Superior Council of Magistracy, unless the President of Romania participates in the works d) propose to the plenum the necessary measures to start the procedures for the revocation of the members of the Superior Council of Magistracy and to fill the vacations e) sign the documents issued by the Plenum of the Superior Council of f) notifies the Constitutional Court, in order to settle legal conflicts of a constitutional nature between public authorities; g) designate the members of the Superior Council of Magistracy who can be consulted for the elaboration of draft normative acts; h) presents, in the public meeting of the plenary, the annual report on the activity of the Superior Council of Magistracy, which is transmitted to the courts and prosecutors and is released. (4) The President of the Superior Council of Magistracy shall perform any other duties established by the law, the Regulation on the organization and administrative functioning of the Superior Council of Magistracy and plenary. (5) In the absence of the President of the Superior Council of Magistracy, the powers provided ((3) and (4) shall be exercised by the Vice-President. (6) In case of holiday of the office of president or vice-president, the Plenum of the Superior Council of Magistracy, no later than one month after the finding of the holiday, will proceed with the election of the new president, respectively vice president. + Article 25 The President of Romania presides, without right to vote, the works of the Plenum of the Superior Council of Magistracy + Article 26 (1) The works of the sections of the Superior Council of Magistracy are legally constituted in the presence of the majority of their members and are presided over by the President or, as the case may be, by the Vice President In their absence, the members of the section elect a sitting president, with the vote of the majority of (2) The judge or prosecutor presiding over the works of the section shall sign the decisions and other acts issued by him + Article 27 (1) The Superior Council of Magistracy shall meet in plenary and in the wards, at the convocation of the President, the Vice-President or the majority of the members of the plenary or, as the case may be, of the (2) The works of the Plenum of the Superior Council of Magistracy are carried out in the presence of at least 15 members, and the works of the sections shall be carried out (3) The decisions of the Plenum of the Superior Council of Magistracy and the decisions of the sections shall be taken with the vote of + Article 28 (1) The President of the High Court of Cassation and Justice participates in the proceedings of the Section for Judges, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the works of the Section for Prosecutors, and the Minister of Justice works of both wards (2) The President of the High Court of Cassation and Justice, the Minister of Justice and the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice do not have the right to vote in situations where the wards perform the role of the court in the field of disciplinary liability, to the settlement of complaints regarding the good reputation of judges and prosecutors and requests regarding the consent of the search, detention, preventive arrest or house arrest regarding judges, prosecutors or assistant magistrates. --------- Alin. ((2) of art. 28 28 has been amended by section 1 1 of art. 73 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) Representatives of civil society participate only in the works of the Plenum of the Superior Council + Article 29 (1) The works of the plenum and sections of the Superior Council of Magistracy are, as a rule, public. The members of the plenary or of the sections decide, by a majority of votes, the situations in which the meetings are not public. The meetings of the sections in which the applications for the consent of the search, detention, preventive arrest or house arrest regarding judges, prosecutors or assistant magistrates, as well as those in which they are settled, are resolved. the complaints about the good reputation of judges and prosecutors are not public. ----------- Alin. ((1) of art. 29 29 has been amended by section 2 2 of art. 73 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The professional associations of judges and prosecutors may participate in the works of the plenum and of the sections, expressing, when they consider it necessary, a point of view on the issues that are being debated, at their initiative or at the request members of the Superior Council of Magistracy (3) The agenda of the plenary and the sections of the Superior Council of Magistracy is approved by them, at the proposal of the president or, as the case may be, of the deputy chairman of the Superior Council of Magistracy. (4) The decisions of the Superior Council of Magistracy, in plenary and in the wards, shall be taken by direct and secret voting and shall be motivated. (5) The decisions of the plenary on the career and the rights of judges and prosecutors shall be drawn up within 20 days and shall be communicated immediately. (6) The decisions provided in par. (5) shall be published in the Official Bulletin of the Superior Council of Magistracy and on the website of the Superior Council of Magistracy within 10 days of writing. (7) The decisions provided in par. (5) may be appealed with appeal by any interested person, within 15 days from communication or from publication, to the Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice. The appeal is adjudicated in a fully formed of 3 judges. *) (8) The appeal suspends the execution of the decision of the Superior Council of Magistracy. (9) The decision to settle the appeal referred to in par. ((7) is final. *) Note
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* *) Enter into force on 1 February 2013, in accordance with the single article item 1 1 of Government Emergency Ordinance no. 44/2012 on the amendment art. 81 81 of Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, published in the Official Gazette of Romania, Part I no. 606 606 of 23 August 2012.
(10) The agenda is published 3 days before on the website of the Superior Council of Magistracy. The published agenda does not include requests for the consent of the search, detention, preventive arrest or house arrest with regard to judges, prosecutors or assistant magistrates. The decisions of the Superior Council of Magistracy are published in the Official Bulletin of the Superior Council of Magistracy and on the website of the Superior Council of Magistracy. ------------ Alin. ((10) of art. 29 29 has been amended by section 2 2 of art. 73 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013.
+ Chapter IV The powers of the Superior Council of + Section 1 Common provisions + Article 30 (1) The Superior Council of Magistracy has the right and obligation to refer itself and ex officio to defend judges and prosecutors against any act that could affect their independence or impartiality or create suspicions about These. The Superior Council of Magistracy also defends the professional reputation of judges and prosecutors. (2) The judge or prosecutor who considers that independence, impartiality or professional reputation is affected in any way can be addressed to the Superior Council of Magistracy, which, as the case may be, may order the verification of the issues raised, the publication of its results, may refer the matter to the competent body to decide on the measures that are required or may have any other appropriate measure, according to the (3) The Superior Council of Magistracy ensures compliance with the law and criteria of competence and professional ethics in carrying out the professional career of judges and prosecutors. (4) The duties of the Board of the Superior Council of Magistracy and its sections, concerning the career of judges and prosecutors, shall be exercised in compliance with the provisions of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions, and of Law no. 304/2004 on judicial organization, republished, with subsequent amendments and completions. + Article 31 (1) In the exercise of his duties the Superior Council of Magistracy may request the Ministry of Justice, courts and prosecutor's offices, the National Institute of Magistracy, other public authorities and institutions, as well as persons the physical or legal information or acts it deems necessary. (2) For the purpose of informing on the activity of courts and prosecutors, the members of the Superior Council of Magistracy make trips to the courts and prosecutor's offices and organize meetings with judges, prosecutors and civil society representatives. + Article 32 (1) In cases where the law provides for the assent, approval or agreement of the Superior Council of Magistracy, the point of view issued by it shall be binding. If the law provides for the consultation or opinion of the Superior Council of Magistracy, the view issued by it is not mandatory. (2) If the law does not provide for a term for the issuance of opinions by the Superior Council of Magistracy, they shall be issued within 30 days of the referral. The overtaking by the Superior Council of Magistracy of the deadline for issuing the opinion does not affect the validity of the act + Article 33 The Superior Council of Magistracy prepares and keeps the professional files of judges and prosecutors. + Article 34 The Superior Council of Magistracy coordinates the work of the National Institute of Magistracy and the National School of Grefieri. + Section 2 Duties of the Superior Council of Magistracy + Article 35 The plenary of the Superior Council of Magistracy has the following duties regarding the career of judges and prosecutors a) proposes to the President of Romania the appointment and dismissal of judges and prosecutors, except for the trainees; b) appoints trainee judges and trainee prosecutors, based on the results obtained at the graduation exam of the National Institute of Magistracy; c) order the promotion of judges and prosecutors; d) issue the trainee judges and the trainee prosecutors from office; e) proposes to the President of Romania to confer distinctions for judges and prosecutors, under the law; f) performs any other duties established by law or regulation. + Article 36 (1) The Plenum of the Superior Council of Magistracy has the following powers regarding the admission to the magistracy, evaluation, training and exams of judges and prosecutors a) on the proposal of the Scientific Council of the National Institute of Magistracy, establishes the annual number of students of the National Institute of Magistracy, annually approves the date and place for the organization of the admission contest at the of the Magistracy, establishes the theme for the admission contest to the National Institute of Magistracy and approves the program of professional training of justice auditors, issues opinions and adopts regulations, in cases and under the conditions provided by law; b) appoints the admission commission and the commission for the elaboration of subjects for admission to the National Institute of Magistracy, under the conditions provided by the Regulation for the organization of the entrance examination in the National Institute of Magistracy; c) organizes and validates, according to the law and regulation, the capacity examination of judges and prosecutors and approves the program of continuous professional training of judges and prosecutors, on the proposal of the Scientific Council of The National Institute of Magistracy, as well as the topic of continuous professional training activities, organized by the appeals courts and the prosecutor's offices beside them; d) organize and validate, according to the law and regulation, the contests for the appointment of judges and prosecutors; e) order the organization of competitions to promote judges and prosecutors; f) appoints commissions for the evaluation of professional activity of judges and prosecutors, under the law; g) appoints and revokes the director and deputy directors of the National Institute of Magistracy, at the proposal of the Scientific Council of the National Institute of Magistracy, and designates the judges and prosecutors who will be part of the scientific of the National Institute of Magistracy; h) on the proposal of the Scientific Council of the National Institute of Magistracy, approves the organizational structure, the states of functions and the personnel states of the National Institute of Magistracy; i) appoints the director and deputy directors of the National School of Clerks and designates the judges and the members prosecutors on the school board; j) performs any other duties established by law or regulation. (2) The plenum of the Superior Council of Magistracy shall settle the appeals made by judges and prosecutors against the decisions rendered by the sections of the Superior Council of Magistracy, except for those given in disciplinary matters. + Article 37 The plenum of the Superior Council of Magistracy has the following powers regarding the organization and functioning of the courts and prosecutors: a) convenes the general meetings of judges and prosecutors, under the law; b) approve measures to supplement or reduce the number of posts for courts and prosecutors; c) elaborates its own draft budget, with the advisory opinion of the Ministry of Public Finance, and issues the compliant opinions for the budget projects of the courts and prosecutors; d) perform any other tasks established by law or regulation. + Article 38 (1) The Plenum of the Superior Council of Magistracy adopts the Code of Ethics of Judges and Prosecutors, the Regulation on the Organization and Functioning of the Superior Council of Magistracy, the Rules on the Procedure Superior of Magistracy, Rules of Inland Order of the Courts, as well as other regulations and judgments provided for in Law no. 303/2004 , republished, with subsequent amendments and completions, and in Law no. 304/2004 , republished, with subsequent amendments and completions. (2) The Plenum of the Superior Council of Magistracy ensures the publication of the Code of Ethics of Judges and Prosecutors and the Regulations provided in par. (1) in the Official Gazette of Romania, Part I, and on the website of the Superior Council of Magistracy. (3) The plenary of the Superior Council of Magistracy endorses the draft normative acts concerning the activity of the judicial authority. (4) The plenum of the Superior Council of Magistracy endorses the draft regulations and orders that are approved by the Minister of Justice, in the cases provided by law. (5) The plenum of the Superior Council of Magistracy may refer the matter to the Minister of Justice on the need to initiate or amend some normative acts in the field of justice (6) The Superior Council of Magistracy shall draw up annually a report on the state of justice and a report on its own activity, which it presents to the reunited Chambers of the Romanian Parliament until the 15th of February of the following year and publish in the Official Gazette of Romania, Part III, and on the website of the Superior Council of Magistracy. + Article 39 The plenum of the Superior Council of Magistracy appoints the Secretary General and the staff with leadership positions from the apparatus of the Superior Council of + Section 3 Powers of the Superior Council of Magistracy + Article 40 The sections of the Superior Council of Magistracy have the following duties regarding the career of judges and a) have the delegation of judges and the posting of judges and prosecutors, under the law; b) appoint judges and prosecutors to management positions, under the law and regulation; c) examine the recommendations received from the Governing College of the High Court of Cassation and Justice on the appointment of judges in the Court; d) analyze the fulfilment of legal conditions by the trainee judges and the trainee prosecutors who passed the capacity examination, by other jurists who were admitted to the contest of entry into the magistracy, by the judges and the prosecutors enrolled in the promotion contest and by the judges and prosecutors proposed for the appointment to management positions; e) resolves the appeals against the qualifications granted by the commissions for the annual evaluation of the professional activity of judges and prosecutors, established under the law; f) take measures to resolve complaints received from litigants or other persons regarding the improper conduct of judges and prosecutors; g) propose to the President of Romania the appointment and removal from office of the President, Vice-President and Presidents of Departments of the High Court of Cassation and Justice; h) endorses the proposal of the Minister of Justice for the appointment and revocation of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the Chief Prosecutor of the National Anti-Corruption Directorate, their deputies, the chief prosecutors section of these prosecutor's offices, as well as the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism and its deputy; i) approves the transfer of judges and prosecutors j) have the suspension from office of judges and prosecutors; k) meet any other duties established by law or regulation. + Article 41 The sections of the Superior Council of Magistracy have the following powers regarding the organization and functioning of courts and prosecutors: a) approves the establishment and abolition of the sections of the courts of appeal, of the courts of their constituencies, as well as the establishment of secondary offices of the courts and their constituencies, under the law; b) approves the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the chief prosecutor of the National Anti-Corruption Directorate for the establishment and abolition of the sections within the prosecutor's offices; c) endorses the draft Government decision on the list of localities belonging to the constituencies of the courts; d) establish the categories of processes or requests that are solved in Bucharest only by certain courts, in compliance with the material competence provided by law; e) on the proposal of the presidents of the courts of appeal, establish the number of the vice-presidents of the courts of appeal, of the courts and of the specialized courts, as well as the judgments to which a vice-president operates; f) on the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the chief prosecutor of the National Anti-Corruption Directorate, as the case may be, approve the number of deputy prosecutors general of the prosecutor's offices of appeal and of the first prosecutors of the prosecutor's offices of the courts, as well as the prosecutor's offices of the judges, where the first prosecutors are helped by the deputies; g) perform any other duties established by law or regulation. + Article 42 (1) The section for judges of the Superior Council of Magistracy approves the search, detention, pre-trial detention or house arrest with regard to judges and assistant magistrates. (2) The section for prosecutors of the Superior Council of Magistracy approves the search, detention, pre-trial detention or house arrest with regard to prosecutors. (3) The provisions provided in par. ((1) and (2) on the search and detention shall not apply in the case of a flagrant offence. (4) The sections of the Superior Council of Magistracy shall be pronounced immediately upon receipt of the complaint. ---------- Article 42 has been amended by section 4.2. 3 3 of art. 73 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 43 The section for judges of the Superior Council of Magistracy appoints and promotes the magistrates-assistants of the High Court of Cassation and Justice, under the law. + Section 4 Powers of the Superior Council of Magistracy in the field of disciplinary liability of magistrates + Article 44 (1) The Superior Council of Magistracy shall, through its departments, perform the role of the court in the field of disciplinary liability of judges and prosecutors, for the acts provided for in Law no. 303/2004 , republished, with subsequent amendments and completions. (2) The section for judges has the role of disciplinary court and for the magistrates-assistants of the High Court of Cassation and Justice. The provisions of the present law also apply accordingly to assistant magistrates of the High Court of Cassation and Justice. (3) The disciplinary action in the case of deviations committed by a judge shall be exercised by the Judicial Inspection, by the judicial inspector, by the Minister of Justice or by the President of the High Court of Cassation and Justice. (4) The disciplinary action in the case of deviations committed by prosecutors shall be exercised by the Judicial Inspection, by the judicial inspector, the Minister of Justice or the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (5) The disciplinary action in the case of deviations committed by an assistant magistrate shall be exercised by the President of the High Court of Cassation and Justice or by the Judicial Inspection, through the judicial inspector. (6) In order to exercise disciplinary action it is mandatory to carry out prior disciplinary research by the Judicial Inspection. + Article 45 (1) In cases where the Minister of Justice, the President of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice are holders of disciplinary action, they may refer Judicial Inspection in connection with disciplinary misconduct committed by judges and prosecutors. (2) If the Judicial Inspection is titular of disciplinary action, it may be notified ex officio or may be referred to in writing and motivated by any interested person, including the Superior Council of Magistracy, in relation to disciplinary misconduct by judges and prosecutors. (3) The issues reported according to par. ((1) and (2) are subject to a prior check carried out by judicial inspectors of the Judicial Inspection, in which it is established whether there are indications of a disciplinary misconduct. Checks shall be carried out no later than 45 days from the date of the request made by the holder of the disciplinary action according to par. (1) or from the date of referral of the Judicial Inspection according to par. ((2). The Chief Inspector may order the extension of the time limit for prior verification, no later than 45 days, if there are reasonable grounds to justify this measure. (4) If the prior checks are carried out there are no indications of the commission of a disciplinary violation: a) the judicial inspector shall transmit, no later than 10 days after their completion, to the Minister of Justice, the President of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice a ranking proposal, if the Judicial Inspection was notified under the conditions of par. ((1); b) the complaint is ranked, and the result is communicated directly to the person who made the complaint and the person concerned by the complaint, if the Judicial Inspection was notified under the conditions of par. ((2). (5) Receiving the ranking proposal provided in par. ((4) lit. a), the Minister of Justice, the President of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice a) to order the ranking of the work and the communication of the result of the person who formulated the complaint and the person concerned b) to request reasoned completion of the prior checks, when they appreciate that they are not complete. The completion shall be carried out by the judicial inspector no later than 30 days from the date when it was requested by the holder of the disciplinary action; c) order the start of prior disciplinary research. (6) If it is found that there are indications of a disciplinary misconduct, the judicial inspector: a) transmit to the author of the complaint, within 7 days from the completion of the prior verification, the proposal to start prior disciplinary research, if the Judicial Inspection was notified under the conditions of par. ((1); b) has, by resolution, the commencement of prior disciplinary research, if the Judicial Inspection has been notified under the conditions of par. ((2). (7) Receiving the proposal to start the prior research provided in par. ((6) lit. a), the Minister of Justice, the President of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice may order the commencement (8) If several referrals concern the same act and the same person, the referrals are related. + Article 46 (1) In the framework of disciplinary research, the facts and their consequences shall be established, the circumstances in which they were committed, as well as any other conclusive data from which they may appreciate the existence or non-existence of guilt. Listening to the one concerned and checking the defences of the judge or prosecutor investigated are mandatory. The refusal of the judge or prosecutor investigated to make statements or to present himself to research is found by minutes and does not prevent the conclusion of the research. The judge or the investigated prosecutor has the right to know all the research papers and to request evidence in defence (2) The disciplinary research shall be conducted in compliance with the legal provisions regarding the classified information and the protection of personal data. (3) The disciplinary research is suspended when against the judge or prosecutor investigated it was ordered to set in motion the criminal action for the same act. (4) The prosecution body is obliged to communicate to the Superior Council of Magistracy and Judicial Inspection, within a reasonable time, the act by which the criminal action was ordered to be set in motion. (5) The suspension of disciplinary research shall be ordered by the judicial inspector by resolution and shall operate until the decision in question which has motivated the suspension has become final. Provisions of paragraph ((4) shall apply accordingly. ((6) Prior research shall be carried out within 60 days from the date of its disposal, unless the suspension occurs. Disciplinary research can be extended by no more than 30 days, if there are good reasons justifying this measure. (7) The disciplinary action may be exercised within 30 days of the completion of the disciplinary research, but no later than 2 years after the date on which the deed was committed. + Article 47 (1) If the referral was made according to art. 45 45 para. ((2), the judicial inspector may order, by written and reasoned resolution: a) the admission of the complaint, by exercising the disciplinary action and referral of the corresponding section of the Superior Council of Magistracy b) the ranking of the complaint, if it is not signed, does not contain the identification data of the author or indications regarding the identification of the factual situation that determined the complaint, as well as in the case provided in art. 45 45 para. ((4) lit. b); the ranking resolution is final *); c) rejection of the complaint, if it is found, after carrying out disciplinary research, that the conditions for the exercise of the action are not met. (2) In the case provided in par. ((1) lit. b), a new complaint can be made, in compliance with the conditions provided by law. (3) The judicial inspector's resolution is subject to the confirmation of the Chief Inspector The Chief Inspector may order completion of disciplinary research by the judicial inspector. The completion shall be carried out by the judicial inspector no later than 30 days from the date when it was ordered by the Chief Inspector. (4) The resolution of the judicial inspector may be refuted by the chief inspector, in writing and reasoned, he may order, by written and reasoned resolution, one of the solutions provided in par. ((1) lit. a) or c). (5) The resolution rejecting the complaint referred to in par. ((1) lit. c) and para. (4) may be challenged by the person who made the complaint to the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal, within 15 days of communication, without fulfilling a prior procedure. (6) The solutions that the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal can pronounce are: a) rejection of the appeal; b) the admission of the appeal and the abolition of the resolution of the judicial inspector or, as the case may be, of the chief inspector and the sending of the file for (7) The decision of the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal is irrevocable. Note
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By CONSTITUTIONAL COURT DECISION no. 397 397 of 3 July 2014 , published in MONITORUL OFFICIAL no. 529 of July 16, 2014, the exception of unconstitutionality of the phrase "the ranking resolution is final" was admitted from the contents art. 47 47 para. ((1) lit. b) of Law no. 317/2004 on the Superior Council of Magistracy, finding that it is unconstitutional in the hypothesis provided by art. 45 45 para. ((4) lit. b) of the same law.
Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
In conclusion, between July 16, 2014 and August 30, 2014, the provisions invoked above (the phrase "ranking resolution is final" from the contents art. 47 47 para. ((1) lit. b) of Law no. 317/2004 on the Superior Council of Magistracy, is unconstitutional in the hypothesis provided by art. 45 45 para. ((4) lit. b) of the same law) were suspended by law, ending its legal effects on August 31, 2014, as the legislator did not intervene to amend the contested provisions.
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+ Article 48 (1) In the case provided for in art. 45 45 para. (7), the Judicial Inspection shall communicate the result of prior research to the holder of the disciplinary action no later than 7 days after its completion. If he considers that the research is incomplete, the holder of the disciplinary action may request a single date of the Judicial Inspection to complete it. The completion shall be carried out by the judicial inspector no later than 30 days from the date when it was requested and shall be communicated to the holder of the disciplinary action no later than 7 days after its completion. (2) After receiving the result of the prior research, under the conditions (1), the Minister of Justice, the President of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice may exercise the disciplinary action by referral to the appropriate Superior Council of Magistracy. + Article 49 (1) In the disciplinary procedure before the sections of the Superior Council of Magistracy, the citation of the judge or prosecutor against whom the disciplinary action and the Judicial Inspection are exercised or, as the case may be, of the Minister of Justice, the President of the High Court of Cassation and Justice or the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice is mandatory. The judge or prosecutor may be represented by another judge or prosecutor or may be assisted or represented by a lawyer. Failure to present the judge or prosecutor investigated at the trial of the action does not prevent the continued conduct of the judgment. (2) The disciplinary action is supported in front of the sections by the judicial inspector who exercised it and, only in case of its impossibility, by a judicial inspector appointed by the chief inspector. (3) If the disciplinary action is exercised by the Minister of Justice, the President of the High Court of Cassation and Justice or, as the case may be, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the action The disciplinary shall be supported by the holder or a representative appointed by him. (4) The parties have the right to take cognizance of all the documents of the file and may request the (5) Provisions art. 46 46 para. ((3) and (4) shall apply accordingly. The suspension is ordered, by conclusion, by the appropriate section of the Superior Council of Magistracy. (6) The sections of the Superior Council of Magistracy, if they find that the complaint is based, apply one of the disciplinary sanctions provided by law, in relation to the gravity of the disciplinary misconduct committed by the judge or prosecutor and with his personal circumstances. (7) The provisions of this law governing the procedure for the resolution of disciplinary action shall be supplemented by the provisions of the Civil Procedure Code. + Article 50 (1) The sections of the Superior Council of Magistracy shall settle the disciplinary action by a decision comprising, mainly, the following: a) description of the act constituting disciplinary misconduct and its legal classification; b) the legal basis for the application of the sanction; c) the reasons for which the defences made by the judge or prosecutor have been removed; d) the penalty applied and the reasons for its application; e) the appeal and the period within which the judgment may be appealed; f) the competent court to judge the appeal. (2) Provisions of para. (1) shall be supplemented by the provisions of the Civil Procedure Code relating to the judgment. + Article 51 (1) The decisions of the sections of the Superior Council of Magistracy through which the disciplinary action has been resolved shall be drawn up, binding, no later than 20 days after the ruling and shall be communicated, immediately, in writing, to the judge or prosecutor targeted, as well as the Judicial Inspection, or, as the case may be, the holder of the disciplinary action that exercised it. The communication of the decisions is provided by the General Secretariat of the Superior Council of Magistracy. (2) The member of the Superior Council of Magistracy to whom the disciplinary action is exercised does not participate in the works of the section where this action is judged. (3) Against the decisions provided in par. (1) appeal may be exercised within 15 days from the communication by the judge or prosecutor sanctioned or, as the case may be, by the Judicial Inspection or by the other holders of the disciplinary action who exercised it. The jurisdiction of the resolution of the appeal belongs to the 5-judge Panel of the High Court of Cassation and Justice. The Panel of 5 judges cannot include the voting members of the Superior Council of Magistracy or the disciplinary sanctioned judge. (4) The appeal suspends the execution of the decision of the Superior Council of Magistracy of application of disciplinary sanction. (5) The decision to settle the appeal referred to in par. ((3) is irrevocable. + Article 52 (1) During the disciplinary procedure, the corresponding section of the Superior Council of Magistracy, ex officio or at the proposal of the judicial inspector, may order the suspension from office of the magistrate, until the final resolution of the action disciplinary, if the further exercise of the function could affect the impartiality of disciplinary proceedings or if the disciplinary procedure is likely to prejudice the serious prestige of justice *). Note
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By CONSTITUTIONAL COURT DECISION no. 774 774 of 10 November 2015 , published in MONITORUL OFFICIAL no. 8 of 6 January 2016, the exception of unconstitutionality of the provisions art. 52 52 para. ((1) of Law no. 317/2004 on the Superior Council of Magistracy, finding that they are constitutional only to the extent that they allow separate attack of the judgment ordering the suspension from office of the magistrate, until the final settlement of disciplinary action.
Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
In conclusion, as of 6 January 2016, the provisions art. 52 52 para. ((1) of Law no. 317/2004 on the Superior Council of Magistracy, only in so far as they do not allow the separate appeal of the judgment ordering the suspension from office of the magistrate, until the final settlement of the disciplinary action, have been suspended by right, and will cease its legal effects as of February 21, 2016, if the legislator does not intervene to amend the contested provisions.
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(2) During the disciplinary procedure, the settlement of the application for the granting of the service pension shall be suspended until the final settlement of the disciplinary action.
+ Article 53 If it was ordered to exclude from the magistracy of a judge or prosecutor, the irrevocable decision is sent to the President of Romania, in order to issue the decree of release from office.
+ Chapter V Members of the Superior Council of Magistracy + Article 54 (1) The term of office of the elected members of the Superior Council of Magistracy is 6 years, without the possibility of reinvestment. Judges and prosecutors, members of the Superior Council of Magistracy, have the status of dignitary. ---------- Alin. ((1) of art. 54 54 has been amended by section 3 3 of art. unique from LAW no. 137 137 of 26 April 2013 , published in MONITORUL OFFICIAL no. 256 256 of 8 May 2013, which introduces art. I ^ 1 of EMERGENCY ORDINANCE no. 23 23 of 6 June 2012 , published in MONITORUL OFFICIAL no. 383 383 of 7 June 2012. Note
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* *) By CONSTITUTIONAL COURT DECISION no. 374 374 of 2 June 2016 , published in MONITORUL OFFICIAL no. 504 of July 5, 2016, the exception of unconstitutionality of the provisions was accepted art. 54 54 para. (1) first sentence of Law no. 317/2004 , establishing that those provisions are constitutional in so far as the person elected to fill a vacancy exercises his/her membership of the Superior Council of Magistracy for the remainder of the term remaining until the expiration of the term of 6 years.
Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
In conclusion, as of July 5, 2016, the provisions invoked above are suspended by law, insofar as the person elected to fill a vacancy does not exercise his/her membership of the Superior Council of Magistracy for the remaining term of office until the expiry of the 6-year period, and will cease its legal effects on August 19, 2016, if the legislator does not intervene to amend the contested provisions.
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(2) The quality of representative of the civil society elected member of the Superior Council of Magistracy is incompatible with the quality of parliamentarian, elected local, civil servant, judge or prosecutor in activity, notary public, lawyer, counselor legal or judicial executor in office. ((3) Provisions art. 6 6 and 7 of Law no. 303/2004 , republished, with subsequent amendments and completions, shall also apply to the members of the Superior Council of Magistracy. (4) The quality of member of the Superior Council of Magistracy shall cease, as the case may be, upon expiry of the mandate, by resignation, revocation from office, unresolved of the state of incompatibility within 15 days from the date of election as a member of the Council Superior of Magistracy, non-compliance art. 7 7 of Law no. 303/2004 , republished, with subsequent amendments and completions, the impossibility of exercising his duties for a period of more than 3 months, as well as by death. (5) The membership of the Superior Council of Magistracy shall be suspended by law for the reasons provided for by art. 62 62 of Law no. 303/2004 , republished, with subsequent amendments and completions.
+ Article 55 (1) Revocation from the position of elected member of the Superior Council of Magistracy is proposed by the chairman or deputy chairman of the Council or by one third of the members, if the person concerned no longer meets the legal conditions to be elected member of the Superior Council of Magistracy, in case of failure to perform or improper performance of duties within the Superior Council of Magistracy or in case of application of any disciplinary sanction. (2) The Plenum of the Superior Council of Magistracy, upon the complaint made according to (1), may order the revocation from the position of elected member of the Superior Council of Magistracy. (3) Revocation as chairman or vice-president shall be proposed by one third of the members of the Superior Council of Magistracy. Provisions of paragraph ((2) shall apply accordingly. ((4) Cease legal effects. ---------- Alin. ((4) art. 55 has ceased its effects according to the Constitutional Court Decision no. 196 196 of 4 April 2013 , published in MONITORUL OFFICIAL no. 231 231 of 22 April 2013. See the CTCE Note below. (5) In the case of the joint general meeting of the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate, the decision to revoke their representative is taken with the vote of the majority of prosecutors At the general meeting, prosecutors from their territorial structures also vote. (6) The decision to revoke the representative of the High Court of Cassation and Justice shall be taken with the vote of the majority of judges of the general assembly. (7) The revocation procedure can be triggered by any general meeting at the level of the courts or prosecutor's offices which the member of the Superior Council of Magistracy represents whose revocation is required, as well as by the professional organizations of the judges and prosecutors. (8) The centralization of the voting results shall be carried out by the general assembly which initiated the procedure or the first general assembly notified by the professional organizations of judges and prosecutors. ((9) Cease legal effects. ---------- Alin. ((9) art. 55 has ceased its effects according to the Constitutional Court Decision no. 196 196 of 4 April 2013 , published in MONITORUL OFFICIAL no. 231 231 of 22 April 2013. See the CTCE Note below. Note
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By CONSTITUTIONAL COURT DECISION no. 196 196 of 4 April 2013 , published in MONITORUL OFFICIAL no. 231 of 22 April 2013, the exception of unconstitutionality of the provisions art. 55 55 para. ((4) and (9) of Law no. 317/2004 on the Superior Council of Magistracy, finding that they are unconstitutional.
Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
In conclusion, between April 22, 2013 and June 6, 2013, the provisions invoked above were suspended by law, ending its legal effects on June 7, 2013, as the legislator did not intervene to amend the contested provisions.
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+ Article 56 (1) The members of the Superior Council of Magistracy who have the status of judge or prosecutor answer civil, disciplinary and criminal, under the law. (2) The provisions of art. 45 45-49 shall apply accordingly. (3) The member of the Superior Council of Magistracy to whom the disciplinary action is exercised does not participate as a member elected to the works of the section where the disciplinary action is judged. + Article 57 (1) In case of termination of the membership of the Superior Council of Magistracy before the expiration of the mandate, new elections shall be held for the vacant seat, according to the procedure provided by law. (2) Until the election of a new member, the interim will be provided by the judge or prosecutor who obtained the following number of votes in the elections held according to art. 8 8 para. ((3) or art. 13 times, as appropriate, art. 19. + Article 58 From the Superior Council of Magistracy cannot be part, during the same term, spouses or relatives or afini until the fourth degree inclusive.
+ Chapter VI Own apparatus of the Superior Council of Magistracy + Article 59 The Superior Council of Magistracy has an administrative technical apparatus of its own. + Article 60 (1) The financing of current and capital expenditures of the Superior Council of Magistracy shall be ensured from the state budget. (2) The budget of the National Institute of Magistracy and the National School of Clerks are distinctly included in the budget of the Superior Council of Magistracy (3) The President of the Superior Council of Magistracy has the status of principal authorising officer, which can be delegated to the Secretary-General. (4) The budget for appeals courts, tribunals, specialized courts and judges is managed by the Ministry of Justice, the Minister of Justice having the status of principal authorising officer. + Article 61 (1) The own apparatus of the Superior Council of Magistracy is headed by a Secretary-General. (2) The Secretary-General is appointed and revoked by the Plenum of the Superior Council of Magistracy between judges and prosecutors who are at least 8 years old in the magistracy. (3) The Secretary-General of the Superior Council of Magistracy may be assisted by a Deputy Secretary-General, management specialist, human resources or financial sector. (4) The Secretary General of the Superior Council of Magistracy receives a monthly allowance equal to that of the Secretary-General of the Ministry of Justice, provided by Government Emergency Ordinance no. 177/2002 * *), approved with amendments and additions by Law no. 347/2003 , as amended, and its deputy, a monthly allowance equal to that of a deputy secretary-general of the Ministry of Justice, provided for by the same normative act. Note
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* *) Government Emergency Ordinance no. 177/2002 has been repealed by Government Emergency Ordinance no. 27/2006 on the payroll and other rights of judges, prosecutors and other personnel in the justice system, approved with amendments and additions by Law no. 45/2007 ,, as amended.
Suitable art. 11 11 of Chapter VIII of Annex no. VI to Framework law no. 284/2010 on the unitary pay of personnel paid from public funds, as amended, the framing allowances for the positions of general secretary of the Superior Council of Magistracy, chief inspector of the Superior Council of The magistracy and within the Ministry of Justice are established on the basis of the ranking coefficients provided for the functions referred to in art. 9 9 para. ((4) and art. 10 10 para. ((1) lit. a) no. crt. 4 4 of Framework law no. 284/2010 ,, as amended.
+ Article 62 (1) The own apparatus of the Superior Council of Magistracy is organized in directions, services and offices. (2) The organizational structure of the own apparatus of the Superior Council of Magistracy shall be determined by decision of the plenum, within the budget. + Article 63 (1) The staff of the own apparatus of the Superior Council of Magistracy shall be appointed by contest or examination. (2) The management staff of the own apparatus of the Superior Council of Magistracy is appointed by the plenary and the execution one, by the Secretary-General. (3) The legal specialty functions in the own apparatus of the Superior Council of Magistracy can also be occupied by judges and prosecutors posted, under the law. (4) Civil servants and contract staff from the own apparatus of the Superior Council of Magistracy are salarized according to the legal provisions applicable to the same categories of personnel in the Parliament's apparatus. (5) The states of functions and personnel shall be approved by the Plenum of the Superior Council of Magistracy, within the budget. + Article 64 The duties of the Secretary-General and the staff of the own apparatus of the Superior Council of Magistracy, as well as the organization and functioning of the compartments within the own apparatus of the Superior Council of by the Rules of Organization and Functioning of the Superior Council of Magistracy.
+ Chapter VII Organisation of Judicial Inspection and Status of Judicial Inspectors + Article 65 (1) The Judicial Inspection is established as a structure with legal personality within the Superior Council of Magistracy, based in Bucharest, by reorganizing the Judicial Inspection. (2) The Judicial Inspection is headed by a Chief Inspector, aided by a Deputy Chief Inspector, appointed by contest organized by the Superior Council of Magistracy. (3) The Judicial Inspection acts according to the principle of operational independence, fulfilling, through judicial inspectors appointed under the law, powers of analysis, verification and control in the specific fields of activity. (4) The rules for carrying out the inspection works are approved, at the proposal of the chief inspector, by regulation adopted by decision of the Plenum of the Superior Council of Magistracy, which is published in the Official Gazette of Romania, Part I. + Article 66 (1) In order to carry out its duties, the Judicial Inspection has its own apparatus. (2) The own apparatus of the Judicial Inspection is organized in directions, services and offices. Within the own apparatus of the Judicial Inspection works judicial inspectors, legal specialist personnel assimilated to magistrates, civil servants and contract staff. (3) The organization and functioning of the Judicial Inspection, the organizational structure and the duties of the compartments shall be established by regulation approved by order of the chief inspector, which shall be published in the Official Gazette of Romania, Part I. (4) The Judicial Inspection operates with a maximum of 70 posts. (5) The posts of the Judicial Inspection provided in par. (4) will be taken from the maximum number of posts financed to the Superior Council of Magistracy by the annual budget law. (6) The maximum number of posts for the Judicial Inspection apparatus can be modified by Government decision, at the proposal of the chief inspector, with the opinion of the Superior Council of Magistracy. (7) The financing of the current and capital expenditures of the Judicial Inspection shall be fully ensured from the state budget, the funds for the Judicial Inspection being distinctly highlighted in the budget of the Superior Council of Magistracy. + Article 67 (1) The chief inspector and the deputy chief inspector shall be appointed by the Plenum of the Superior Council of Magistracy between judicial inspectors in office, following a competition consisting in the submission of a draft on the exercise of their duties specific to the respective management function and in a written test on management, communication, human resources, the candidate's ability to make decisions and to assume responsibility, stress resistance and a psychological test. (2) The contest is organized by the Superior Council of Magistracy, according to the regulation approved by decision of the Plenum of the Superior Council of Magistracy, which is published in the Official Gazette of Romania, ((3) The organization of competitions for the filling of posts of chief inspector and deputy chief inspector shall be announced at least 3 months before their date. (4) The mandate of the chief inspector and the deputy chief inspector is 3 years and can be renewed only once, in compliance with the provisions of par. ((1). (5) The chief inspector and the deputy chief inspector may be removed from office by the Plenum of the Superior Council of Magistracy, in case of failure to fulfill or improper performance of managerial duties. The revocation shall be ordered on the basis of the annual audit report provided for in 68. (6) The decision of the Plenum of the Superior Council of Magistracy ordering the removal from office may be appealed, within 15 days from the communication, to the Administrative and Fiscal Litigation Section of the High Court of Cassation and Justice. The appeal suspends the execution of the Superior Council of Magistracy The decision to settle the appeal is irrevocable. + Article 68 (1) The evaluation of the quality of the Judicial Inspection management is done annually, through an independent external audit. (2) Financing of the audit referred to in par. (1) is made from the budget of the Judicial Inspection. The selection of the entity that will carry out the audit is done in compliance with the legal provisions on (3) In the public procurement procedure, public sector entities or private sector entities to which the State is a shareholder may not participate. (4) The audit report shall be drawn up in the first 3 months of the year and shall include, on a mandatory basis, recommendations on how to carry out managerial tasks, effective organization, behavior and communication, to the management of the Judicial Inspection, as well as recommendations on the need for reduction or, as the case may be, additional posts thereof. (5) Within a maximum of 5 days from the receipt of the audit report, the chief inspector shall communicate to the Superior Council of Magistracy. + Article 69 (. The chief inspector shall, in particular, perform the following tasks: a) exercise the function of management and organization of the activity of the Judicial Inspection; b) represents the Judicial Inspection in relations with the Superior Council of Magistracy or with other internal or international institutions; c) exercise the legal powers incumbent upon him as authorising officer; d) take measures for the random distribution of files within the Judicial Inspection; e) establish annually or whenever specific areas of activity are required with regard to which control is exercised, after consulting the judicial inspectors or at the proposal of any of the holders of the disciplinary action; f) establishes the control teams, in the fields referred to in lett. e); g) appoints, under the law, the judicial inspectors and the other personnel of the Judicial Inspection, orders the modification, suspension and termination of their employment or service relations; h) determines the duties and individual tasks of the subordinate staff, approving his/her job descriptions; i) assess, under the law, the subordinate staff; j) performs any other duties provided by law. (2) The Chief Inspector of the Judicial Inspection shall not seek and receive instructions from any authority, institution or person in carrying out his duties relating to the triggering, conduct and valorisation of the controls, except the situations provided by this law. (3) The chief inspector of the Judicial Inspection is authorising officer, according to the law. (. The Deputy Chief Inspector shall perform the following tasks: a) coordinate the work of the Judicial Inspection staff, other than judicial inspectors; b) assist the Chief Inspector in the activity of verifying and endorsing the acts and resolutions drawn up by the judicial inspectors; c) coordinate the work of protection and security of work; d) coordinate the professional training of judicial inspectors and the activity of unification of the practice at the level of the Judicial Inspection; e) is the rightful replacement of the chief inspector; f) exercise any other duties delegated by the Chief Inspector. + Article 70 (1) Inspectors of the Judicial Inspection are appointed by the Chief Inspector, following a competition, for a 6-year term, between judges and prosecutors who are at least 8 years old in the magistracy, who have at least a degree of of the court or parquet of the court and had the rating "very good" at the last evaluation. (2) The contest consists in supporting a written test and an interview, and the competition theme includes the laws, regulations and any other regulations in the matter of the organization and functioning of the courts, prosecutor's offices and the Judicial Inspection, as well as and the provisions of the Code of Criminal Procedure or of the Code of Civil Procedure, depending on the specialization of the judge or candidate The interview has a share of maximum 30% in the final average of the contest. The regulation of organization and conduct of the contest is approved by decision of the Plenum of the Superior Council of Magistracy, at the proposal of the chief inspector and is published in the Official Gazette of Romania, ((3) The organization of competitions for the occupation of judicial inspector positions in the Judicial Inspection and the posts that are taken to the competition shall be announced at least 3 months before the date of the contest. The contest shall be held at least 3 months before the expiry date of the judicial inspector's mandate. + Article 71 (1) During the term of office of chief inspector, deputy chief inspector and judicial inspector, judges and prosecutors are suspended by law from the positions they occupy at courts and prosecutors ' offices. Judges and prosecutors with management positions are required to opt between the position of management and that of judicial inspector, within 30 days from the date of acquisition of the right to continue to serve as judicial inspector. After the 30 days, the post of management or judicial inspector for which the option was not made becomes vacant by law. ((2) The provisions relating to disciplinary sanctions and deviations as well as disciplinary proceedings shall apply accordingly to judicial inspectors. (3) The inspectors of the Judicial Inspection are removed from office if a disciplinary sanction has been applied to them or in the case provided for in art. 77 77 para. ((5). (4) Upon termination of the office of judicial inspector, judges and prosecutors return to the courts or prosecutors where they previously operated or, with their consent, to other courts or prosecutors where they have the right to operate according to the law. Art. 134 ^ 1 para. ((2)-(5) of Law no. 304/2004 , republished, with subsequent amendments and completions, shall apply accordingly. + Article 72 (. Judicial inspectors shall operate independently and impartially. (2) Judicial inspectors may not conduct disciplinary research or any other work concerning judges or prosecutors in the courts or prosecutor's offices where the inspector has worked. In this case, the case shall be assigned to another judicial inspector, at random, in compliance with the provisions of art. 73. + Article 73 (1) The way of distribution of referrals and disciplinary files to judicial inspectors is made in computerized system or in another way that ensures the random distribution of files. (2) Redistribution of works distributed randomly to judicial inspectors can be done only in the following cases, with the application of para. ((1): a) impossibility to exercise the duties for at least 20 days; b) reasoned request of the judicial inspector to whom the work was assigned; c) suspension from activity, under the law; d) whenever, compared to the quality of the person investigated, the impartiality of disciplinary research could be affected; e) conflict of interest. ((3) Acts, documents or any other information requested by the Judicial Inspection or which are necessary for the conduct of disciplinary research shall be transmitted directly to the Judicial Inspection. (4) Judicial inspectors may request, under the law, including the heads of courts or prosecutor's offices, any information, data, documents or may make any checks they deem necessary in order to carry out disciplinary research or the exercise of the other duties provided by law or regulations. ((5) Acts, documents or any other information which is pending before the Judicial Inspection shall be of a confidential nature, with the exception of those who constitute, according to the law, information of public interest. + Article 74 (. Judicial inspectors shall have the following tasks: a) in disciplinary matters, have and carry out disciplinary research in order to exercise disciplinary action towards judges, prosecutors, including those who are members of the Superior Council of Magistracy, as well as the magistrates-assistants of the High Court of Cassation and Justice, under the conditions of this law; b) carry out checks at the courts in respect of compliance with procedural rules on the receipt of applications, random distribution of files, setting of deadlines, continuity of court panel, pronouncement, drafting and the communication of decisions, the submission of files to the competent courts, the execution of criminal and civil decisions and informs the Section for Judges of the Superior Council of Magistracy, formulating appropriate proposals; c) carry out checks at the prosecutor's offices in compliance with the procedural norms regarding the receipt and registration of works, the distribution of files on objective criteria, continuity in the assigned works and the independence of prosecutors, compliance with the deadlines, drafting and communication of procedural documents and informs the Prosecutor's Section of the Superior Council of Magistracy, formulating appropriate proposals; d) verify the managerial efficiency and the way of carrying out the duties arising from laws and regulations to ensure the proper functioning of the court and the prosecutor's office, the proper quality of the service, signals the deficiencies found and make appropriate proposals for their removal, which they submit to the appropriate section; e) verify the complaints addressed to the Judicial Inspection or are notified ex officio about the improper activity or conduct of judges, prosecutors, including those who are members of the Superior Council of Magistracy and the magistrates-assistants of the High Court of Cassation and Justice, or in connection with the violation of their professional obligations; f) performs, at the request of the Superior Council of Magistracy, checks on the condition of good reputation, for judges and prosecutors in office; g) carries out the checks ordered by the Plenum of the Superior Council of Magistracy for the settlement of applications regarding the defense of professional reputation and the independence of judges; including the result of h) performs any other checks or controls ordered by the Plenum of the Superior Council of Magistracy, the sections of the Superior Council of Magistracy or the Chief Inspector of the Judicial Inspection, under the law. (2) The attributions provided in par. ((1) lit. b), c) and d) shall be made ex officio or at the request of the Plenum of the Superior Council of Magistracy or of the sections of the Superior Council + Article 75 (1) In the exercise of their duties provided in art. 74, except for those relating to the conduct of disciplinary research, judicial inspectors draw up inspection reports that they bring to the attention of the courts/prosecutors ' offices subject to checks, in order to formulate objections. (2) The inspection report referred to in par. (1), together with the objections made, shall be submitted to the appropriate section of the Superior Council of Magistracy, which establishes the necessary measures to remedy the situation. (3) If he considers that the objections are valid, the section of the Superior Council of Magistracy may order, in writing and reasoned, the resubmission of the report in order to complete the checks, with the express indication of the aspects must be completed + Article 76 (1) The verification of complaints regarding the good reputation of judges and prosecutors in office shall be made by the Judicial Inspection, ex officio or at the request of any interested person. (2) The inspection report drawn up following the checks on good reputation shall be communicated to the magistrate who is the subject of the complaint and to the person who submitted the complaint, within 15 days of the preparation, in order to formulate objections. (3) The inspection report referred to in par. (2), together with the objections made, shall be submitted to the corresponding section of the Superior Council of Magistracy. On the basis of the report and the objections raised, the appropriate section adopts the judgment on the finding of whether the magistrate is satisfied with the condition of good repute or, if he considers that the objections are valid, he has, in written and reasoned, the resubmission of the report in order to complete the checks, with an express indication of the issues to be completed. The judgment finding that the condition of good repute is not fulfilled also includes the proposal for dismissal, pursuant to art. 65 65 para. ((1) lit. i) of Law no. 303/2004 , republished, with subsequent amendments and completions. (4) During the procedure of verification and finding of compliance with the condition of good reputation, the corresponding section of the Superior Council of Magistracy, ex officio or at the proposal of the judicial inspector, may order the suspension from office of the magistrate, pending the completion of the procedure, if the continued exercise of the function could affect the impartiality of the verification procedures or if these proceedings are likely to prejudice the serious prestige of justice. (5) The section referred to in paragraph (3) may be appealed to the Plenum of the Superior Council of Magistracy, within 15 days of communication, and the decision of the plenum may be appealed to the Administrative Court Section of the High Court of Cassation and Justice, in same term. The court ruling is irrevocable. (6) The irrevocable decision finding the failure to fulfill the condition of good reputation shall be communicated to the Romanian Presidency, in order to issue the decree of release from office. + Article 77 (1) The evaluation of the professional activity of judicial inspectors shall be made annually by a commission consisting of the Chief Inspector and 2 other members chosen by the general assembly of judicial inspectors, by granting a rating: "very good", "good", "" satisfactory "or" unsatisfactory ". (2) Judicial inspectors dissatisfied with the qualification granted may appeal to the appropriate section of the Superior Council of Magistracy, within 30 days of communication. (3) In the resolution of the appeal, the sections of the Superior Council of Magistracy may ask the chief inspector or the inspector assessed any information he considers necessary, and the summoning of the judicial inspector to be heard is mandatory. (4) The decisions of the sections may be appealed to the Plenum of the Superior Council of Magistracy, according to art. 36 36 para. ((2). (5) The judicial inspector who receives the rating "unsatisfactory" or twice consecutive "satisfactory" rating is revoked as judicial inspector. ((6) The criteria for the evaluation of professional activity of judicial inspectors and the evaluation procedure shall be established by the Regulation on the organization and functioning of the Judicial Inspection. + Article 78 (1) The period in which the judge or prosecutor is a judicial inspector constitutes seniority as a judge or prosecutor. (2) During the term of office, judicial inspectors have all the rights of the posted judges and prosecutors, as well as the obligations provided by law for judges and prosecutors. (3) Judicial inspectors may participate, during their term of office, in the competitions or selection procedures in order to promote the execution of magistrates. In case of promotion, inspectors may choose between the continuation of the mandate of inspector, with the acquisition of the new professional degree, and the effective promotion to the execution function for which they have run, within 30 days from the date of validation of the results Promotion exam. (4) Salarization and the rights of inspectors shall be established under the law. + Article 79 The security of the Judicial Inspection headquarters, the goods and the values belonging to it, the supervision of access and the maintenance of the inner order necessary for the normal conduct of the activity in this headquarters shall be ensured, free of charge, by the Romanian, through its specialized structures. + Chapter VIII Transitional and final provisions + Article 80 The number of posts required to operate the apparatus of the Superior Council of Magistracy shall be determined by decision of the plenum, within the + Article 81 The staff of the Ministry of Justice and of the Prosecutor's Office of the High Court of Cassation and Justice, taken over in the administrative technical apparatus of the Superior Council of Magistracy, consider themselves transferred. + Article 82 Within 60 days of the publication of this law, the Government will provide an appropriate headquarters to the Superior Council of Magistracy. + Article 83 On the date of entry into force of this Law, the name of the Training and Improvement Center of the Grefiers and the Other Auxiliary Personnel of Speciality, contained in the normative acts in force, is replaced by the National School of Grefieri. + Article 84 (1) The security of the headquarters of the Superior Council of Magistracy, its goods and values, the supervision of access and the maintenance of the internal order necessary for the normal conduct of the activity in this premises shall be ensured free of charge Romanian Gendarmerie. (2) The magistrates elected members of the Superior Council of Magistracy benefit from protection, according to the law, under the conditions provided by the protocol concluded between the President of the Superior Council of Magistracy and the Minister internals. + Article 85 (1) The present law shall enter into force 90 days from the date of publication in the Official Gazette of Romania, Part I, except art. 82. (2) On the date of entry into force of this Law, the provisions of Title V "Superior Council of Magistracy" art. 86 86-90 of Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, as amended and supplemented, and any other provisions to the contrary shall be repealed. Note
NOTE:
Play below art. III-V of Law no. 24/2012 to amend and supplement Law no. 303/2004 on the status of judges and prosecutors and Law no. 317/2004 on the Superior Council of Magistracy, which are not incorporated in the republished text of the Law no. 317/2004 and which continue to apply as own provisions of the Law no. 24/2012 :
"" Art. III. -(1) Provisions art. II shall apply to 120 days after the entry into force of this Law *), the date on which the Judicial Inspection becomes operational. On the same date, the discipline commissions are abolished.
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* *) Law no. 24/2012 entered into force on 26 January 2012. (2) The works and files on the role of the discipline commissions on the date provided in par. (1) shall be completed by the judicial inspectors who have them in the works or by other inspectors appointed by the chief inspector, according to the provisions of this law. Art. IV. -(1) By the reorganization of the Superior Council of Magistracy, the posts of the Judicial Inspection of the Superior Council of Magistracy take over the Judicial Inspection organized according to the present law, and the staff is taken over and reframed in the new structure under the present law. (2) The expenses related to the personnel and posts taken by the Judicial Inspection from the Superior Council of Magistracy will be allocated from the budget of the Superior Council of Magistracy in the budget of the Judicial Inspection. (3) The expenses necessary for the functioning of the Judicial Inspection, other than those provided in par. (2), will be allocated from the budget of the Superior Council of Magistracy. Computer equipment, furniture, office equipment, as well as other assets necessary to carry out the activity of the Judicial Inspection will be transferred, through takeover-takeover protocol, from the management of the Superior Council of Magistracy in Management of the Judicial Inspection. (4) The Ministry of Public Finance is authorized to introduce the amendments resulting from the application of the provisions of this law in the structure of the budget of the Superior Council of Magistracy and of the Judicial Inspection.
Art. V.-(1) The head of the Inspection Service for Judges and the Head of the Inspection Service for Prosecutors will continue to operate as inspectors in the Judicial Inspection, until their term of inspector expires. (2) Judicial inspectors in office on the date of entry into force of the law shall continue their mandate until its expiry date, following that the procedure provided for by this law for the occupation of judicial inspector functions shall apply to the new appointments. (3) Within 45 days from the date of entry into force of this Law, the Superior Council of Magistracy shall adopt the decision for the approval of the regulation provided for in art. 64 ^ 3 para. ((2) *) of Law no. 317/2004 on the Superior Council of Magistracy, with subsequent amendments and completions, and will organize the contest for the occupation of the positions of chief inspector and deputy chief inspector. The Chief Inspector in office continues his activity until the date of appointment of the Chief Inspector of the Judicial Inspection, under the conditions of this law.
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*) Art. 64 ^ 3 para. (2) became art. 67 67 para. ((2) by renumbering. (4) Within 30 days of appointment, the Chief Inspector: a) approves the regulation on the organization and functioning of the Judicial Inspection; b) proposes for approval to the Plenum of the Superior Council of Magistracy art. 64 ^ 6 para. ((2) * *) of Law no. 317/2004 , with subsequent amendments and completions, and the norms provided in art. 64 ^ 1 para. ((4) * **) of the same law. "
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**) Art. 64 ^ 6 para. (2) became art. 70 70 para. ((2) by renumbering.
***) Art. 64 ^ 1 para. (4) became art. 65 65 para. ((4) by renumbering.
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