Law No. 17 Of January 11, 2006

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

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Law No. 17 of January 11, 2006 on modification and completion of the law nr. 567/2004 on the status of the specialized staff of the courts and prosecutors ' offices for ISSUING these published in PARLIAMENT OFFICIAL GAZETTE nr. 48 of 19 January 2006 Parliament adopts this law.


Article I the law. 567/2004 on the status of the specialized staff of the courts and prosecutors ' offices of addition, and published in the Official Gazette of Romania, part I, no. of 14 December 2004, 1,197, shall be amended and shall be completed as follows: 1. Article 1 shall read as follows: Art. 1.-In carrying out the Act of Justice, specialized assistants work constitutes a support for judges and prosecutors, competence of personnel and proper fulfilment of duties plays an important role in the smooth operation of the entire activities of the courts and prosecutors ' offices attached thereto. "
2. Article 2 shall read as follows: Art. 2.-specialized assistants work under the auxiliary compartments of the courts and prosecutors ' offices on top of this, organized according to art. 116-118 of the law nr. 304/2004 on the organisation, republished, with subsequent amendments. "
3. In article 3, paragraphs (1) and (3) shall read as follows: Art. 3.-(1) specialist staff of the courts and the Prosecutor's Office is comprised of statisticians, clerks, clerks clerks documentarişti, clerks, registrars and clerks goal clerks in computer science.
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(3) Are related assistants of specialized courts and Prosecutor's Office these BPO functions, Catchpole and drive. "
  

4. In article 8, paragraph (3) shall read as follows: "(3) the contest is conducted according to the rules approved by the Superior Council of magistrates, the Justice Minister's proposal, the President of the High Court of Cassation and justice, the general prosecutor's Office of the High Court of Cassation and justice and the national Anticorruption Department."
5. The title of chapter II, section 3 shall read as follows: "section 3 of the land Recruit clerks, registrars and clerks of the related staff" 6. In article 9, paragraph (1) shall read as follows: Art. 9.-(1) Registrars, clerks and registrars land staff competition to be recruits connected to filling vacancies. "
7. Article 10 shall read as follows: Art. 10. land Registrars and registrars-registrars that promotes competition; 9 will perform an internship two months training under the national school for Clerks. "
8. In article 16, paragraph (2) shall read as follows: "(2) the Director and Deputy Directors are appointed by the Superior Council of Magistracy of personnel training quality of judge or Prosecutor, for a period of 3 years, with possibility of reînvestirii once."
9. In article 16 as (2) insert a new paragraph, paragraph (3), with the following contents: "(3) the Director shall recruit through economic competition organized by the Superior Council of the Magistracy."
10. In article 18, paragraph (1) shall read as follows: Art. 18. — (1) the training Staff of the national school for Clerks is appointed by the Superior Council of Magistracy of judges or prosecutors, clerks with higher education other times. "
11. In article 19, after (1) insert a new paragraph, paragraph (2) with the following content: "(2) the training of personnel of the national school for Clerks at the time payment is made according to the number of hours of lecture or seminar, gross monthly allowance of judges of the appellate court and academic norm established under article 14 hereof. 80 para. (2) of law No. 128/1997 on the status of teachers, with the subsequent amendments and completions, for trainers who carry out didactic activity within the initial training of clerks with legal and higher education in accordance with art. 43 lit. (c) of the same law) for trainers teaching activities within initial training of legal clerks without higher education or in-service training. "
12. In article 20, paragraph (1) shall read as follows: Art. 20. (1) teachers in higher education legal hold management or execution under the national school for Clerks are treated as judges and prosecutors, during the exercise of his functions. "
13. In article 21, paragraphs (2) and (3) shall read as follows: "(2) For registrars with higher education legal duration is 6 months and consists of theoretical training and practical training.

(3) For clerks with the other specialized higher education or secondary education, the duration is one year and includes theoretical training and practical training. "
  

14. In article 26, after (1) introduce two new paragraphs (2) and (3) with the following content: "(2) the certificate issued to graduates of the national school for Clerks constitute proof for seniority.

(3) the period prescribed in the contract tuition tuition will be assimilated, seniority in relation to level of education graduation. "
  

15. In article 31, paragraph (2) shall read as follows: "(2) graduation from any form of continuous training, organized by the national school for Clerks or, where appropriate, by the specialized institutions, constitutes a score which is envisaged at the annual evaluation of the staff of the courts and prosecutors ' offices attached thereto."
16. Article 32 shall read as follows: Art. 32.-in addition to in-service training organized by the national school for Clerks, at the level of each instance and each will be flooring, quarterly, hours of training of specialized staff, under the direction of a judge or a prosecutor appointed by the head of each court, each addition flooring. "
17. In article 33, paragraph (2) shall read as follows: "(2) The appointment of the Registrar, in order to fulfil the condition laid down in paragraph 1. (1) (a). e is required), graduating Bachelor of secondary education or legal. People who have other specialized higher education, other than those referred to in paragraph 1. (3) and (4), are to be assimilated to those with secondary education from the point of view of classification. "
18. Article 36 shall read as follows: Art. 36. — (1) if the activity of the courts or prosecutors cannot be held under normal circumstances because of the large number of vacancies, the recruitment of clerks can be achieved through competition for filling vacancies. The competition takes place at the level of courts of appeal, prosecutors of the Court of appeal, the High Court of Cassation and justice, Prosecutor's Office attached to the High Court of Cassation and justice and the national Anticorruption Department, according to rules approved by the Superior Council of Magistracy.

(2) temporarily vacant posts clerks cannot be filled through competition organized by the courts and prosecutors ' offices referred to in paragraph 1. (1) according to the rules approved by the Superior Council of Magistracy.
  

(3) persons may take part in the contest which fulfil the conditions laid down in article 21. 33 para. (1) (a). a)-(e)). "
  

19. In article 38, paragraphs (1) and (3) shall read as follows: Art. 38. — (1) may be appointed as admn, Registrar Registrar, BPO, Catchpole or person who drives has secondary education and fulfils the conditions laid down in article 21. 33 para. (1) (a). a)-d).


(3) the Organization and conduct of the contest is determined by regulation; 9 para. (2)."
  

20. Article 39 shall read as follows: Art. 39.-land Registrars, registrars, registrars, agents aprozii procedurali and motorists are appointed by decision of the Presidents of courts of appeal or, as the case may be, of the General Prosecutors of the Prosecutor's addition in whose territorial constituency to conduct business. "
21. In article 40, paragraph (2) shall read as follows: "(2) the provisions of article 4. 34 of the law No. 303/2004, republished, with subsequent amendments, shall be applied accordingly. "
22. Article 45 shall read as follows: Art. 45. — (1) the promotion of managerial functions in the first Registrar, Registrar, Registrar or the Registrar Department Chief computer scientist is done by checking the contest training and managerial skills of the candidates. The contest is held at the level of courts of appeal, of the Prosecutor's Office or, where appropriate, to the High Court of Cassation and justice, the public prosecutor's Office attached to the High Court of Cassation and justice or the National Anti-corruption Department, under rules approved by the Superior Council of Magistracy.

(2) in order to promote competition in the leadership positions of clerks and clerks of the it staff is considering the following criteria:
  


the old minimum) 3 years in the Office of the Registrar and the Registrar computer scientist. In the case of legal clerks with higher education is necessary in an age of not less than 6 months in the Office of the Registrar;
  

b) occupational activity, assessed with the qualifier «very good» in the last 3 years and 6 months, respectively. "
  

23. In article 46, paragraph 1 shall read as follows: Art. 46. — (1) the appointment as first Registrar, Registrar, Registrar Department is made for a period of five years, with the possibility reînvestirii once, by decision of the President of the Court of appeal or of the Attorney general's Office of this Court. "
24. In article 46, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) where there are candidates who meet the conditions stipulated by law for submission in the contest, by way of derogation from the provisions of paragraph 1. (1) the persons named in the first Registrar, Registrar, Registrar Department can be reînvestite depending on the duration of a warrant by a decision of the President of the Court of appeal or of the Attorney general's Office of this Court. "
25. In article 46, paragraph 2 shall read as follows: "(2) the appointment of the Chief Informatics Officer for a period of 3 years, with possibility of reînvestirii once, by decision of the President of the Court of appeal or of the Attorney general's Office of this Court."
26. In article 46, after paragraph 2, insert a new paragraph, (2 ^ 1), with the following contents: (2 ^ 1) where there are candidates who meet the conditions stipulated by law for submission in the contest, by way of derogation from the provisions of paragraph 1. (1) the person appointed as Registrar the Chief computer scientist may be reînvestită depending on the duration of a warrant by a decision of the President of the Court of appeal or of the Attorney general's Office of this Court. "
27. In article 46, after paragraph 3, insert a new paragraph, paragraph (4), with the following contents: "(4) The termination of the mandate of the Office of management, specialized staff of the courts and the Prosecutor's Office they can handle, under the conditions laid down in article 21. 45, a managerial post in the same court or to the same or another instance of parquet or parquet times return to the courts or the public prosecutor where they come from or to a court or Tribunal where entitled to flooring work according to the law. "
28. Article 47 shall read as follows: Art. 47.-the provisions of articles. 45 and 46 shall apply accordingly in the case of promotion to the position of Chief admn, under the courts and prosecutors ' offices attached to this function it is necessary. "
48. in article 29, paragraph 1, letter a) shall read as follows: ") when it was put in motion criminal proceedings against him by Ordinance or indictment;".
30. In article 48, paragraph (2) shall read as follows: "(2) the suspension from Office of the President of the Court of appeal or, as the case may be, by the Attorney general's Office, in whose territorial constituency operates the person concerned. Specialist support staff of the High Court of Cassation and justice, the Office of the High Court of Cassation and justice and the national Anticorruption Department, suspension from Office ordering their heads. "
31. In article 49, paragraph (1) shall read as follows: Art. 49. — (1) in the case referred to in article 1. 48 para. (1) (a). a), President of High Court of Cassation and justice, the general prosecutor's Office of the High Court of Cassation and justice and the national Anticorruption Department, President of the Court of appeal or, where appropriate, the Attorney general's Office it shall immediately notify the person concerned and the public prosecutor's Department or leadership where it works the judgment which ordered the suspension from his duties. "
32. In article 56, paragraph 1 shall read as follows: Art. 56. — (1) the President of the Court of appeal or, where appropriate, the prosecutor general's Office of the Court of appeal, with the opinion of the Court, or the ruler's Office, it may order the deployment of specialized staff in other courts or public prosecutor's offices of addition, under the Ministry of Justice, the Superior Council of Magistracy or subordinated units or those contained in their coordination. "
33. In article 60, paragraph 4 shall read as follows: "(4) the remuneration of auxiliary staff, civil servants and contractual staff within the courts, prosecutors ' offices on top of this, as well as from the Ministry of Justice, National Institute of Magistracy and the national school for Clerks is determined by law."
34. In article 60, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) until the entry into force of the law for special payroll, still remaining applicable laws relating to the personnel referred to in paragraph 1. (4)."
35. In article 63, paragraph 4 shall read as follows: "(4) to cover the costs of training programmes and professional training of the staff, organised under conditions laid down in paragraph 1. (2) (a). ) and (c)), the courts of appeal and the public prosecutor's Office attached to them, and, where appropriate, the High Court of Cassation and justice, public prosecutor's Office attached to the High Court of Cassation and justice, the National Anti-corruption Department and the national school for Clerks are required to provide in its own annual budget amounts needed for expenditure. "
36. In article 63, after paragraph 4, insert a new paragraph, paragraph (5) with the following content: "(5) the expenses relating to the mass and accommodating staff participating in professional development courses organised under conditions laid down in paragraph 1. (2) (a). (c)), shall be borne by the national school for Clerks, and transport expenses, by the Court or prosecutor whose employee she is. "
37. In article 68, paragraph (1) shall read as follows: Art. 68. — (1) the specialized staff of the courts and prosecutors ' offices of addition, as referred to in art. 3 paragraphs 1 and 2. (1), with a length of at least 25 years of age, shall be entitled, at the age of 65 years, the pension service, in the amount of 80% of the average monthly gross wage base achieved over the last 12 months before the date of retirement. In the calculation of the average monthly gross wages include basic and enhanced rates permanently. "
68. in article 38, after paragraph (1) insert a new subparagraph (1 ^ 1), with the following contents: "(1 ^ 1) specialist staff of the courts and prosecutors ' offices of Additionally upon request, is retired before the age prescribed by law, and benefits from the pension provided for in paragraph 1. (1) if it has a length of at least 25 years only those functions. "
39. In article 68, paragraphs (2) and (4) shall read as follows: "(2) for each year in excess of seniority referred to in paragraph 1. (1) the amount of the pension is added to 1% of the gross monthly basic salary, without being able to overcome the gross basic salary monthly from the date of retirement.
..

(4) the provisions of paragraphs 1 and 2. (1), (2) and (3) retirement benefit support staff before entry into force of this law. "
  

40. In article 68, after paragraph (4) to introduce two new paragraphs, (4 ^ 1 and ^ 2 4), with the following contents: "(4 ^ 1) persons who meet the conditions of seniority referred to in paragraph (1) and (3) only as specialized support staff of the courts and prosecutors ' offices besides they benefit pension service even if the retirement date had or have a different occupation. In this case, the pension shall be determined on the basis of the auxiliary personnel specialized in function alike seniority and level of the Court or the Prosecutor.
(4 ^ 2) The provisions of paragraphs 1 and 2. (4 ^ 1) can benefit only people who have been released from the post of specialist support staff of courts and Prosecutor's Office these reasons not attributable. "
41. In article 68, paragraph (7) shall read as follows: "(7) the pensions service of specialized staff is updated on an annual basis, in relation to the gross average salary achieved in the last 12 months of staff specialized in activity."
42. According to article 68 shall be inserted a new article, article 68 ^ 1 with the following content: "Art. 68 ^ 1. -Article 67 and of art. 68 apply properly and enforcers, retired before entry into force of law No. 188/2000 relating to the bailiffs, as amended and supplemented. "
43. In article 69, paragraph (1) shall read as follows:

"Art. 69. — (1) staff with a continuous legal 25 years from the date of retirement or dismissal from Office for reasons not attributable to benefit from an allowance equal to 3 basic salaries of employment gross monthly, which shall be taxed according to law. "
44. In article 77, paragraph (1) shall read as follows: Art. 77. — (1) the Office of the Registrar is incompatible with any other public or private functions, with the exception of teaching positions. "
45. In article 86, paragraph (2) shall read as follows: "(2) the penalties provided for in article 10. 85 paragraph 4. (1) (a). b-f)) shall apply to the President of the High Court of Cassation and justice, the general prosecutor's Office of the High Court of Cassation and justice, the National Anti-corruption Department or times, as appropriate, by the President of the Court of appeal or of the Attorney general's Office of the Court of appeal in whose territorial constituency operates at sanctioned. "
46. In article 87, paragraph (2) shall read as follows: "(2) the Preliminary Investigation is obligatory in all cases and is carried out by judges or public prosecutors appointed by the College of the High Court of Cassation and justice, the Office of the High Court of Cassation and justice, the National Anti-corruption Department or, as appropriate, by the President of the Court of appeal or of the Attorney general's Office of the Court of appeal. The preliminary investigation is completed by an act of awareness. "
47. In article 87, paragraph (3) are repealed.
48. In article 88, paragraph 1 shall read as follows: Art. 88. — (1) the period of prior research, the head of the Court or the Prosecutor; 86 will depend on the availability, in relation to the seriousness of the offence, suspension from Office of the person concerned. "
49. In article 91, paragraph (2) shall read as follows: "(2) Clerks, carpenters whose positions were converted to posts clerks to be salary earners pay the corresponding special law. Criminal investigators within prosecutors ' offices technicians are assimilated clerks. "
50. In article 91, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) upon entry into force of this law, according to computer scientist and registrars will be employed as clerks registrars, clerks, computer professionals respectively through the appropriate transformation of posts, should be appropriate to the staff of the special law on payroll."
51. Article 93 shall read as follows: Art. 93.-(1) is the period in which the specialist staff of the courts and the Prosecutor's Office they fulfilled any of the functions referred to in article 1. 3, as well as periods in which he served, within the courts, Prosecutor, former State or departmental arbitrations and former State notary offices, the Office of the Secretary: Secretary, business help, Secretary typist, typist, land book, archivist, Registrar, Registrar, student-CC, stenodactilograf, Chief of cabinet, civil servant, statistician, Registrar, clerk typist job.

(2) is the period in which the professional and support staff of specialized courts and Prosecutor's Office they fulfilled the Office of bailiff, pending entry into force of law No. 188/2000, as amended and supplemented.
  

(3) the period within which the specialized staff of the courts and the Prosecutor's Office they exercised similar functions within the Constitutional Court or the judicial structures of the former Court of Auditors constitute the authority.
  

(4) For the specialty computer professionals constitute and worked at the courts, the public prosecutor's Office attached to the Ministry of Justice. "
  


Article II on the date of entry into force of this law, in what concerns the it staff, it repeals the provisions of art. 128 of the law nr. 304/2004 on the organisation, republished in the Official Gazette of Romania, part I, no. 827 of 13 September 2005, as well as any other provisions to the contrary.


Article III on the date of entry into force of this law, the term computer scientist of the law nr. 567/2004 on the status of the specialized staff of the courts and prosecutors ' offices of addition shall be replaced by the notion of Registrar computer scientist.


Article IV on the date of entry into force of this law, the notion of National anti-corruption Flooring law. 567/2004 on the status of the specialized staff of the courts and prosecutors ' offices of addition shall be replaced by the notion of the National Anti-corruption Department.


Article V within 60 days after the entry into force of this law, the Superior Council of Magistracy shall approve or amend, as appropriate, the regulations provided for in article 10. 7, art. 8 para. (3), art. 9 para. (2), art. 17, art. 36 para. (1) and (2), art. 38 para. (3), art. 44 para. (3), art. 45 para. (1), art. 65 paragraph 1. (3) and article 3. 71 para. 2. Article VI (1) specialised assistants within the courts and prosecutors ' offices of the addition, at the time of entry into force of this law fulfils the conditions for retirement. 68 para. (1 ^ 1), will be dismissed from one of the 3 months of sustainability on the entry into force of this law.
  

(2) the Superior Council of Magistracy shall take necessary measures for employment within 4 months from the entry into force of this law shall become vacant positions through retirement of persons covered by paragraph 1. (1). This law article VII shall enter into force on the date of entry into force of the law on special pay as provided for in art. 60 para. (4) except as provided in art. I, section 11 and 35, which shall take effect within 3 days from the date of publication of the law in the Official Gazette of Romania, part I.


Article VIII of law No. 567/2004 on the status of the specialized staff of the courts and prosecutors ' offices of in addition, with the amendments and additions made by this Bill, it will republish, posing a new texts.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE SENATE CHAIRMAN NICOLAE VĂCĂROIU Bucharest, January 11, 2006.
No. 17.
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