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Law No. 300 Of 23 December 2011

Original Language Title:  LEGE nr. 300 din 23 decembrie 2011

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LEGE no. 300 300 of 23 December 2011 to amend and supplement Law no. 303/2004 on the status of judges and prosecutors and amending art. 29 29 para. ((1) lit. b) of Law no. 304/2004 on judicial organisation
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 925 925 of 27 December 2011



The Romanian Parliament adopts this law + Article I Law no. 303/2004 on the status of judges and prosecutors, republished in the Official Gazette of Romania, Part I, no. 826 of 13 September 2005, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 52 is amended and shall read as follows: "" Art. 52. -(1) The promotion to the position of judge at the High Court of Cassation and Justice is made only by organized competition whenever necessary, within the limits of vacancies, by the Superior Council of Magistracy, through the National Institute of Magistracy. (2) The date, place, mode of conduct of the contest and the vacancies for which the competition is organized shall be communicated to all judges and prosecutors through the courts of appeal, through the prosecutor's offices of the appellate courts and the Prosecutor's Office of the The High Court of Cassation and Justice and is published on the website of the Superior Council of Magistracy, the National Institute of Magistracy, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, as well as in three central dailies, at least 60 days before the date set for pageant. (3) I can participate in the promotion contest as judge at the High Court of Cassation and Justice judges and prosecutors who have effectively served, at least 5 years, the position of judge at the court of appeal or prosecutor at the prosecutor's office on next to the court of appeal or to the Prosecutor's Office of the High Court of Cassation and Justice, have obtained the rating "very well" in the last 3 assessments, have never been disciplined and have a seniority as a judge or prosecutor of the one years. (4) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (5) The Superior Council of Magistracy shall verify the fulfilment of the conditions laid down in this 2. After Article 52, seven new articles are introduced, Articles 52 ^ 1-52 ^ 7, with the following contents: "" Art. 52 52 ^ 1. -(1) Applications for registration for the promotion contest as judge at the High Court of Cassation and Justice include the specification of the section for which the candidacy is submitted. (2) The contest for promotion as judge at the High Court of Cassation and Justice consists of: a) a sample having as object the evaluation of the written decisions, in the case of judges, or of the acts drawn up in the prosecution phase or in the trial phase, in the case of prosecutors; b) an interview held before the Plenum of the Superior Council of Magistracy; c) written evidence, of a theoretical and practical nature. (3) The competition commissions are appointed by decision of the Superior Council of Magistracy and correspond to the sections of the High Court of Cassation and Justice for which applications were submitted. (. The competition committees shall consist of: a) a judge from the High Court of Cassation and Justice, proposed by the High Court of Cassation and Justice; b) one university professor from a law school, who has concluded an indefinite employment contract with an advanced research and education university, as this is classified on the basis of the assessment provided for in art. 193 193 para. ((4) lit. c) of the National Education Law no. 1/2011 , with subsequent amendments and completions, proposed by the National Institute of Magistracy; c) a trainer of the National Institute of Magistracy, having at least the degree of appeal court judge, proposed by the National Institute of Magistracy; d) a professor of logic, proposed by the National Institute of Magistracy. (5) Members of the commissions referred to in par. (3) may not have political affiliation at the date of formation of commissions. (6) In the sample provided in par. ((2) lit. a), of the competition committees are also part of: a) a lawyer, with high professional and moral reputation, proposed by the National Union of Bars of Romania; b) one psychologist, proposed by the College of Psychologists in Romania. (7) They cannot be members of the commissions provided in par. (3) persons who have their spouse, relatives or afini up to the fourth degree inclusive, among the candidates. Art. 52 ^ 2. -(1) In the event provided for in art. 52 ^ 1 para. ((2) lit. a), at the request of the competition commissions, the Superior Council of Magistracy will request, through the appeals courts or, as the case may be, the prosecutor's offices of the appellate courts or the Prosecutor's Office of the High Court of Cassation and Justice, court decisions or, as the case may be, acts of the prosecutor, drawn up by candidates, from the last 10 years of activity, as well as the other data necessary for the evaluation (2) Any person may transmit to the competition commissions acts of the nature of those provided in par. ((1), drawn up by candidates, which can be analysed in the knockout event. (3) The applications for registration for the competition shall be published on the website of the Superior Council of Magistracy and the High Court of Cassation and Justice, accompanied by an announcement informing the public the possibility of any person to transmit to the competition commissions acts of the nature of those provided in par. ((1), drawn up by candidates, as well as the term in which they may be transmitted. (4) The acts referred to in par. (1) shall be published on the website of the Superior Council of Magistracy, in compliance with the legal provisions on the protection of personal data, in order to be subject to public debate for a period of 30 days from publication. The referrals or comments received from the public opinion may be considered at the evaluation by the competition committees. Art. 52 ^ 3. -(1) For the candidates judges, the evaluation provided in art. 52 52 ^ 2 has as its object: a) verification of the analysis and synthesis capacity; b) verification of consistency in expression; c) verification of the argument from the point of view of clarity and logic; d) the consent or reasoned removal of the parties ' requests by reference to the evidence, principles and rules of law; e) coherent and correct argumentation from the point of view of legal logic; f) avoiding exposure and detail of the non-relevant aspects in the motivation; g) the drafting of the device in a clear, concise form, fit to be executed; h) analysis and interpretation of administered samples; i) exemplifying the way in which the case-law of the European Court of Human Rights and the Court of Justice of the European Union has been applied, where appropriate; j) verification of compliance with reasonable deadlines for the resolution of cases and drafting of decisions. (2) Provisions of para. (1) shall also apply accordingly to the evaluation of the candidates prosecutors provided for in art. 52 52 ^ 2. (3) In the assessment procedure, the competition committees may ask the candidates for explanations on any aspect subject to the assessment. Art. 52 ^ 4. -(1) In the event of the interview, the Plenum of the Superior Council of Magistracy assesses aspects regarding the conduct, deontology and integrity of candidates (2) At the meeting of the Plenum of the Superior Council of Magistracy in which the interview is held will participate, with an advisory role, and a psychologist appointed by the plenary, at the proposal of the College of Psychologists in Romania, which will be able to ask questions the purpose of assessing their human and social motivation and competences. Art. 52 ^ 5. -(1) The maximum score that can be attributed to the samples provided in art. 52 ^ 1 para. ((2) lit. a) and b) is 100 points, distributed as follows: a) 75 points for the test provided in art. 52 ^ 1 para. ((2) lit. a); b) 25 points for the test provided in art. 52 ^ 1 para. ((2) lit. b). (2) The minimum score to be declared admitted in order to support the written evidence is 80 points. The way of granting the score in these samples is established by the regulation provided for in art. 52 ^ 7 para. ((2). Art. 52 ^ 6. -(1) The written samples provided for in art. 52 ^ 1 para. ((2) lit. c) consist of: a) depending on the specialization, one of the following groups of subjects: ((i) civil law, family law and private international law; ((ii) criminal law; (iii) administrative, financial and fiscal law and labour law; b) jurisprudence of the High Court of Cassation and Justice and jurisprudence of the Constitutional Court c) the jurisprudence of the European Court of Human Rights and the case-law of the Court d) civil procedure or criminal procedure, depending on the specialization of the judge or prosecutor. (2) In order to be declared admitted to the competition, the candidate must obtain at the written tests the minimum average 8 (eight), provided that the minimum grade 7 (seven) is obtained in each written test. Art. 52 ^ 7. -(1) Within no more than 15 days from the communication of the results of the promotion contest as judge at the High Court of Cassation and Justice, the Superior Council of Magistracy shall order, by decision, the promotion of declared candidates admitted. (2) The procedure for conducting the promotion contest as judge at the High Court of Cassation and Justice, including the manner of contesting the results shall be established by regulation approved by the Superior Council of Magistracy, in compliance with this law, by decision that is published in the Official Gazette of Romania, Part I. " 3. In Article 57, a new paragraph shall be inserted after paragraph 8. ((8 ^ 1), with the following contents: " (8 ^ 1) In the interest of the service, assistant magistrates may be delegated, with their written consent, in the positions of first-magistrate-assistant or magistrate-assistant-chief by the president of the High Court of Cassation and Justice, for a period of at most 6 6 months. The delegation of assistant magistrates can be extended, with their written consent, no more than 6 months. During the delegation period, the assistant magistrates benefit from all the rights provided by law for the position in which they are delegated. " 4. In Article 67, paragraph 1 shall be amended and shall read as follows: "" Art. 67. -(1) The first-magistrate-assistant is promoted between chief-assistants of at least 2 years old in this position. " + Article II Article 29 (1) of the Law no. 304/2004 on judicial organization, republished in the Official Gazette of Romania, Part I, no. 827 of September 13, 2005, with subsequent amendments and completions, letter b) is amended and shall read as follows: "b) proposes to the Superior Council of Magistracy the judges who will be part of the competition committees for promotion as a judge at the High Court of Cassation and Justice;". + Article III Within 30 days of the entry into force of this law, the Superior Council of Magistracy will approve the regulation provided for in art. 52 ^ 7 para. ((2) of Law no. 303/2004 , republished, with subsequent amendments and completions, as well as with those brought by this law. This law was adopted pursuant to the provisions of art. 114 114 para. (3) of the Romanian Constitution, republished, following the commitment of the Government's responsibility to the Chamber of Deputies and the Senate, at the joint meeting on December 15, 2011. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT VASILE BLAGA Bucharest, 23 December 2011. No. 300. -----