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Law No. 17 Of January 11, 2006

Original Language Title:  LEGE nr. 17 din 11 ianuarie 2006

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LEGE no. 17 17 of 11 January 2006 to amend and supplement Law no. 567/2004 on the status of the specialist auxiliary staff of the courts and the prosecutor's offices of the courts
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 48 48 of 19 January 2006



The Romanian Parliament adopts this law + Article I Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and prosecutors ' offices, published in the Official Gazette of Romania, Part I, no. 1.197 of 14 December 2004, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -In carrying out the act of justice, the work of the specialist auxiliary staff is a support for judges and prosecutors, the competence of this category of staff and the correct performance of their tasks playing an important role in the proper conduct of the entire activity of the courts and the prosecutor's offices in addition to them. " 2. Article 2 shall read as follows: "" Art. 2. -The specialized auxiliary staff operates within the auxiliary compartments of the courts and prosecutors ' offices, organized according to art. 116 116-118 of Law no. 304/2004 on judicial organization, republished, as amended. " 3. In Article 3, paragraphs 1 and 3 shall read as follows: "" Art. 3. -(1) The specialized auxiliary staff of the courts and prosecutors ' offices in addition to these are made up of clerks, statistician clerks, documentary clerks, archival clerks, registrar clerks and computer clerks. ............................................................. (3) They are related to the specialized auxiliary staff of the courts and prosecutors ' offices in addition to the functions of procedural agent, aprod and driver. " 4. In Article 8, paragraph 3 shall read as follows: " (3) The contest is conducted according to the regulation approved by the Superior Council of Magistracy, on the proposal of the Minister of Justice, the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the Cassation and Justice and the National Anti-Corruption Department. " 5. In Chapter II, the title of section 3 shall read as follows: " SECTION 3 Recruitment of archival clerks, registrar clerks and related staff " 6. In Article 9, paragraph 1 shall read as follows: "" Art. 9. -(1) Archiving clerks, registrar clerks and conex staff shall be recruited by competition to fill vacancies. " 7. Article 10 shall read as follows: "" Art. 10. -Archiving clerks and registrar clerks who promote the contest provided in art. 9 will perform a two-month specialization internship in the National School of Grefieri. " 8. In Article 16, paragraph 2 shall read as follows: "(2) The director and the deputy directors shall be appointed by the Superior Council of Magistracy among the training staff who have the status of judge or prosecutor, for a period of 3 years, with the possibility of reinvesting only once." 9. in Article 16, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The economic director shall be recruited by the contest organized by the Superior Council of Magistracy." 10. In Article 18, paragraph 1 shall read as follows: "" Art. 18. -(1) The training staff of the National School of Registrations shall be appointed by the Superior Council of Magistracy between judges or prosecutors, clerks with higher education or other specialists. " 11. in Article 19, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) Salarization of the training staff of the National School of Clerks to the hourly payment is based on the number of hours of seminar or course held, the monthly gross allowance of the position of judge of the appellate court and the teaching norm established according to art. 80 80 para. ((2) of Law no. 128/1997 on the status of teaching staff, with subsequent amendments and completions, for trainers who carry out teaching in the initial training of clerks with legal higher education and according to art. 43 lit. c) of the same law for trainers who carry out teaching activities in the framework of initial training of clerks without legal higher education or in the framework of continuous training. " 12. In Article 20, paragraph 1 shall read as follows: "" Art. 20. -(1) Teachers from legal higher education who hold leadership or execution positions in the National School of Grefiers are assimilated to judges and prosecutors, during the exercise of their functions. " 13. In Article 21, paragraphs 2 and 3 shall read as follows: " (2) For clerks with legal higher education, the duration of the courses is 6 months and consists in theoretical training and practical internship. (3) For clerks with higher education of another specialty or secondary education, the duration of the courses is one year and includes theoretical training and practical internship. " 14. In Article 26, after paragraph 1, two new paragraphs are inserted, paragraphs 2 and 3, with the following contents: " (2) The attestation issued to the graduates of the National School of Grefieri constitutes the proof act for seniority. (3) The tuition period provided for in the tuition contract will be assimilated to the seniority in the specialty, in relation to the level of graduation studies. " 15. In Article 31, paragraph 2 shall read as follows: "" (2) The completion of any form of continuous training, organized by the National School of Clerks or, as the case may be, by the relevant institutions, shall constitute a score which shall be considered at the annual evaluation of the auxiliary staff of the courts and of the prosecutor's offices beside them. " 16. Article 32 shall read as follows: "" Art. 32. -In addition to the continuous training organized by the National School of Grefieri, at the level of each court and each parquet will be organized, quarterly, hours of professional training of specialized auxiliary staff, under the guidance of a judge or prosecutor appointed by the head of each court, respectively of each prosecutor's office. " 17. In Article 33, paragraph 2 shall read as follows: " (2) Upon appointment as Registrar, for the fulfilment of the condition referred to in par. ((1) lit. e), it is necessary to graduate from higher legal or secondary education studies. Persons who have higher education of another specialty, other than those provided in par. ((3) and (4), are assimilated to those with secondary education in terms of classification. " 18. Article 36 shall read as follows: "" Art. 36. -(1) If the activity of the courts or prosecutors ' offices cannot be carried out under normal conditions due to the large number of vacancies, the recruitment of clerks can be carried out by competition to fill vacancies. The contest is held at the level of appeals courts, prosecutors ' offices near the courts of appeal, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Department, according to regulation approved by the Superior Council of Magistracy. (2) The posts of temporary vacations may be filled by competition organized by the courts and prosecutors ' offices provided in par. (1), according to the regulation approved by the Superior Council of Magistracy. (3) Persons who meet the conditions laid down in art. 33 33 para. ((1) lit. a)-e). " 19. In Article 38, paragraphs 1 and 3 shall read as follows: "" Art. 38. -(1) May be appointed as Registrar, Registrar Registrar, procedural agent, bailiff or driver who has secondary education and meets the conditions laid down in art. 33 33 para. ((1) lit. a)-d). .................................................................. (3) The way of organizing and conducting the contest is established by the regulation provided in art. 9 9 para. ((2). ' 20. Article 39 shall read as follows: "" Art. 39. -Archiving clerks, registrar clerks, procedural agents, bailouts and drivers are appointed by decision by the presidents of the appellate courts or, as the case may be, by the prosecutors general of the prosecutor's offices beside them in whose constituency the territorial area is to operate. " 21. In Article 40, paragraph 2 shall read as follows: "" (2) Provisions art. 34 34 of Law no. 303/2004 , republished, as amended, shall apply accordingly. " 22. Article 45 shall read as follows: "" Art. 45. -(1) Promotion in leading positions of first-Registrar, chief clerk, chief clerk of the section or of the information-chief Registrar shall be made by competition to verify the professional training and managerial skills of the candidates. The contest is organized at the level of the courts of appeal, of the prosecutor's offices beside them or, as the case may be, at the High Court of Cassation and Justice, at the Prosecutor's Office of the High Court of Cassation and Justice or at the National Anticorruption Department, in basis of the regulation approved by the Superior Council of Magistracy (2) In the contest for the promotion of clerks and computer clerks, the following criteria shall be met: a) a minimum of 3 years in the position of Registrar, respectively of computer registrar. In the case of clerks with legal higher education, a minimum of 6 months is required in the position of Registrar; b) special professional activity, evaluated with the rating "Very good" in the last 3 years, respectively 6 months. " 23. In Article 46, paragraph 1 shall read as follows: "" Art. 46. -(1) The appointment as first-Registrar, chief clerk, chief clerk of the section is made for a period of 5 years, with the possibility of reinvesting only once, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the this court. ' 24. In Article 46, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) If there are no candidates to meet the conditions provided by law for submission to the competition, by way of derogation from the provisions of par. (1), persons appointed to the positions of first-Registrar, chief clerk, chief clerk of the section may be reinvested in office, for the duration of another term, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the court. " 25. In Article 46, paragraph 2 shall read as follows: "(2) The appointment as a computer-chief Registrar shall be made for a period of 3 years, with the possibility of reinvesting only once, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the court." 26. In Article 46, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) If there are no candidates to meet the conditions provided by law for submission to the competition, by way of derogation from the provisions of par. (1), the person appointed as the information-head Registrar may be reinvested in office for the duration of another term, by decision of the president of the appellate court or the prosecutor general of the prosecutor's office of the court. " 27. in Article 46, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) Upon termination of the mandate of the management position, the specialized auxiliary staff of the courts and prosecutor's offices of these may occupy, under the conditions provided in art. 45, a leading position at the same court or at the same prosecutor's office or at another court or parquet or return to the courts or prosecutors where they come or to a court or parquet where they have the right to operate according to the law. " 28. Article 47 shall read as follows: "" Art. 47. --Provisions art. 45 and 46 shall also apply accordingly in the case of promotion to the office of Registrar-in-Chief, in the courts and prosecutors ' offices in addition to which this function is required. " 29. In Article 48 (1), the letter a) shall read as follows: "a) when the criminal action against him was set in motion by order or indictment;". 30. In Article 48, paragraph 2 shall read as follows: " (2) The suspension from office shall be ordered by the president of the court of appeal or, as the case may be, by the prosecutor general of the prosecutor's office of this, in whose territorial constituency the person concerned operates. For the specialized auxiliary staff of the High Court of Cassation and Justice, of the Prosecutor's Office of the High Court of Cassation and Justice and of the National Anti-Corruption Department, the suspension from office is ordered by their leaders. " 31. In Article 49, paragraph 1 shall read as follows: "" Art. 49. -(1) In the case provided for in art. 48 48 para. ((1) lit. a), the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Department, the President of the Court of Appeal or, where applicable, the Attorney General of the prosecutor's office shall immediately communicate to the person concerned and to the management of the court or prosecutor's office where it operates the decision ordering the suspension from office. " 32. In Article 56, paragraph 1 shall read as follows: "" Art. 56. -(1) The president of the appellate court or, as the case may be, the prosecutor general of the prosecutor's office of the appellate court, with the opinion of the head of the court or of the prosecutor's office, may order the secondment specialized in other courts or prosecutors ' offices, within the Ministry of Justice, the Superior Council of Magistracy or their subordinate units or those in their coordination. " 33. In Article 60, paragraph 4 shall read as follows: " (4) Salarization of specialized auxiliary personnel, civil servants and contract staff of the courts, prosecutors ' offices, as well as of the Ministry of Justice, National Institute of The magistracy and the National School of Grefieri shall be established by special law. " 34. in Article 60, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) Until the entry into force of the special salary law, the legal provisions regarding the salary of the personnel provided in par. ((4). ' 35. In Article 63, paragraph 4 shall read as follows: " (4) In order to cover the expenses of training and professional improvement programs of specialized auxiliary staff, organized under the conditions provided in par. ((2) lit. a) and c), the appeals courts and the prosecutor's offices beside them, as well as, as the case may be, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, the National Anti-Corruption Department and the National School of Grefieri have the obligation to provide in the annual budget the amounts necessary for those expenses. ' 36. in Article 63, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) Expenditure on meals and accommodation of staff participating in professional refresher courses, organized under the conditions provided in par. ((2) lit. c), shall be borne by the National School of Grefieri, and the transport expenses, by the court or prosecutor's office of which it is employed. " 37. In Article 68, paragraph 1 shall read as follows: "" Art. 68. -(1) The specialized auxiliary staff of the courts and prosecutors ' offices, as provided for in art. 3 3 para. (1), at least 25 years old in the specialty, benefits, at the age of 65, of service pension, in the amount of 80% of the average monthly gross basic salaries achieved in the last 12 months of activity before the date of retirement. In the calculation of the average of the monthly gross basic salaries, the permanent bonuses shall also be included. " 38. In Article 68, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The specialized auxiliary staff of the courts and prosecutors ' offices next to them is retired on request, before the age stipulated by the law, and benefits from the pension provided in par. ((1), if it is at least 25 years old only in these functions. " 39. In Article 68, paragraphs 2 and 4 shall read as follows: " (2) For each year exceeding the seniority provided in par. (1) is added to the amount of the pension 1% of the monthly gross basic salary, without being able to exceed the gross basic salary monthly had at the date of retirement. .................................................................... (4) The provisions of par. ((1), (2) and (3) shall also benefit the auxiliary staff previously retired from the entry into force of this Law. " 40. In Article 68, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) Persons who meet the conditions of seniority provided in par. (1) and (3) only as the specialized auxiliary staff of the courts and prosecutors ' offices besides them benefit from a service pension even if at the time of retirement they had or have another occupation. In this case, the pension is established on the basis of the salary rights of the specialized auxiliary staff according to the identical conditions of seniority and level of the court or prosecutor's office (4 ^ 2) By the provisions of par. (4 ^ 1) may only benefit persons who have been released from the position of specialist auxiliary staff of the courts and prosecutor's offices in addition to these for non-imputable reasons. " 41. In Article 68, paragraph 7 shall read as follows: "(7) The service pensions of the specialized auxiliary staff shall be updated annually, in relation to the average gross salaries made in the last 12 months of the specialized auxiliary staff in activity." 42. After Article 68 a new article is inserted, Article 68 ^ 1, with the following contents: "" Art. 68 68 ^ 1. --Provisions art. 67 67 and art. 68 shall also apply accordingly to bailiffs, retired before the entry into force of the Law no. 188/2000 on bailiffs, with subsequent amendments and completions. " 43. In Article 69, paragraph 1 shall read as follows: "" Art. 69. -(1) Specialist auxiliary staff with a continuing age in justice of 25 years at the time of retirement or release from office for non-imputable reasons benefit from an allowance equal to 3 basic gross monthly framing salaries, which be taxed according to the law. " 44. In Article 77, paragraph 1 shall read as follows: "" Art. 77. -(1) The function of a Registrar shall be incompatible with any other public or private functions, with the exception of teaching functions. " 45. In Article 86, paragraph 2 shall read as follows: " (2) The sanctions provided for in art. 85 85 para. ((1) lit. b)-f) applies by the President of the High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or of the National Anti-Corruption Department or, as the case may be, the President of the Court of Appeal or by the prosecutor general of the prosecutor's office of the court of appeal in whose territorial constituency the sanctioned activity carries out. " 46. In Article 87, paragraph 2 shall read as follows: " (2) Prior research is mandatory in all cases and is carried out by judges or prosecutors appointed by the Governing College of the High Court of Cassation and Justice, of the Prosecutor's Office of the High Court of Cassation and Justice, of The National Anti-Corruption Department or, as the case may be, the president of the appellate court or the prosecutor general of the prosecutor's office of the Prior research shall be completed by an act of finding. ' 47. Article 87 (3) shall be repealed. 48. In Article 88, paragraph 1 shall read as follows: "" Art. 88. -(1) During the prior research, the head of the court or prosecutor's office provided for in 86 will be able to order, in relation to the seriousness of the act, the suspension of the person concerned. " 49. In Article 91, paragraph 2 shall read as follows: " (2) The typist clerks whose posts have been transformed into posts of clerks are to be properly salarized by the special payroll law. Forensic technicians in the prosecutor's offices are assimilated to clerks. " 50. in Article 91, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) Upon the entry into force of this law, registrars and computer scientists in office will be assigned as registrar clerks, respectively computer clerks, by the corresponding transformation of posts, to be properly salarized. Special payroll law. " 51. Article 93 shall read as follows: "" Art. 93. -(1) The period in which the auxiliary staff of the courts and prosecutors ' offices in addition to them has fulfilled any of the functions provided for in art. 3, as well as the periods in which he fulfilled, in the courts, the prosecutor's office, the former state or departmental arbitrations and the former state notarized, the position of: impiegat, secretary, aid secretary, typist secretary, dactylographer, land registry leader, archivist, registrar, archivist-registrar, courier, reviewer, stenodactylographer, chief of staff, clerk, statistician, clerk typist, Registrar analyst programmer. (2) It constitutes seniority in the specialty and the period during which the specialized auxiliary staff of the courts and prosecutor's offices besides them served as bailiff, until the date of entry into force of the Law no. 188/2000 , with subsequent amendments and completions. (3) The period during which the specialized auxiliary staff of the courts and prosecutors ' offices besides them exercised functions of the same nature within the Constitutional Court or within the former jurisdictional structures of the Court of Accounts constitutes seniority in specialty. (4) For computer scientists constitute seniority in the specialty and periods worked at the courts, the prosecutor's offices of these and the Ministry of Justice. " + Article II On the date of entry into force of this Law, as regards the computer scientists, the provisions shall be repealed art. 128 128 of Law no. 304/2004 on judicial organization, republished in the Official Gazette of Romania, Part I, no. 827 827 of 13 September 2005 and any other provisions to the contrary. + Article III On the date of entry into force of this Law, the notion of computer scientist Law no. 567/2004 on the status of the specialist auxiliary staff of the courts and the prosecutor's offices of the courts, shall be replaced by the notion of a computer registrar. + Article IV On the date of entry into force of this Law, the notion of National Anticorruption Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and prosecutors ' offices, is replaced by the notion of National Anti-Corruption Department. + Article V Within 60 days of the entry into force of this law, the Superior Council of Magistracy approves or amends, as the case may be, the regulations provided in art. 7 7, art. 8 8 para. ((3), art. 9 9 para. ((2), art. 17 17, art. 36 36 para. ((1) and (2), art. 38 38 para. ((3), art. 44 44 para. ((3), art. 45 45 para. ((1), art. 65 65 para. ((3) and art. 71 71 para. ((2). + Article VI (1) The specialized auxiliary staff of the courts and prosecutors ' offices, which on the date of entry into force of this Law meets the conditions of retirement provided in art. 68 68 para. (1 ^ 1), shall be relieved of office upon completion of a temen of 3 months after the entry into force of this Law. (2) The Superior Council of Magistracy will take the necessary measures for the occupation within 4 months from the entry into force of the present law of posts that become vacant by the retirement of the persons referred to in par. ((1). + Article VII This law shall enter into force on the date of entry into force of the special salary law, provided for in art. 60 60 para. ((4), except for the provisions of art. I section 11 and 35, which takes effect 3 days from the date of publication of the law in the Official Gazette of Romania, Part I. + Article VIII Law no. 567/2004 on the status of the specialized auxiliary staff of the courts and prosecutors ' offices, with the amendments and completions brought by this law, will be republished, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT NICOLAE VACAROIU Bucharest, January 11, 2006. No. 17. -------