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Law No. 24 Of January 17, 2012

Original Language Title:  LEGE nr. 24 din 17 ianuarie 2012

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LEGE no. 24 24 of 17 January 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
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 51 51 of 23 January 2012



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. In Article 14 (2), point c) is amended and shall read as follows: "c) has no criminal record or tax record and enjoys a good reputation;" 2. In Article 62 (1), after letter b) a new letter, letter c) is inserted, with the following contents: " c) when he was disciplined, under the conditions of art. 100 lit. d). " 3. Article 99 is amended and shall read as follows: "" Art. 99. -Constitutes disciplinary misconduct: a) the events that affect the honour or professional probity or the prestige of justice, committed in the exercise or outside the exercise of their duties; b) violation of legal provisions regarding incompatibilities and prohibitions on judges and prosecutors; c) unworthy attitudes during the performance of duties towards colleagues, the other staff of the court or the prosecutor's office in which they operate, judicial inspectors, lawyers, experts, witnesses, litigants or representatives of other institutions; d) the conduct of public activities of a political nature or the manifestation of political beliefs in the performance of their duties; e) unjustified refusal to receive on file the requests, conclusions, memoirs or acts filed by the parties in the process; f) unjustified refusal to perform a duty of service; g) non-compliance by the prosecutor with the provisions of the superior hierarchical prosecutor, written and in accordance with the law h) non-compliance repeatedly and for reasons attributable to the legal provisions regarding the expeditious settlement of cases or the repeated delay in carrying out the works, for imputable reasons; i) non-compliance with the duty to abstain when the judge or prosecutor knows that there is one of the causes provided by law for his abstention, as well as the formulation of repeated and unjustified requests for abstention in the same case, which has as Effect of delaying judgment; j) non-compliance with the secrecy of deliberation or confidentiality of works that have this character, as well as other information of the same nature as which he became aware of in the exercise of the office, except those of public interest, under the law; k) unmotivated absences from the service, repeatedly or directly affecting the activity of the court or the prosecutor's office; l) interference in the work of another judge or prosecutor; m) unduly non-compliance with the provisions or decisions of an administrative nature ordered in accordance with the law of the head of the court or of the prosecutor's office or of other administrative obligations provided by law or regulations; n) use of the position held to obtain favorable treatment by the authorities or interventions for the resolution of some requests, the claim or acceptance of the resolution of personal interests or of family members or other persons, other than within the legal framework regulated for all citizens; o) serious or repeated non-compliance with the provisions on random distribution of cases; p) Obstruction of inspection activity of judicial inspectors, by any means; q) direct participation or through persons interposed at games of type piramidal, gambling or investment systems for which the transparency of funds is not ensured; r) the total lack of motivation of judicial decisions or judicial acts of the prosecutor, under the law; s) the use of inappropriate expressions in the judicial decisions or judicial acts of the prosecutor or the reasoning manifestly contrary to the legal reasoning, such as to affect the prestige of justice or the dignity of the office of magistrate; s) non-compliance with the decisions of the Constitutional Court or decisions rendered by the High Court of Cassation and Justice in the resolution of appeals in the interest t) exercise of office in bad faith or gross negligence. " 4. After Article 99 a new article is inserted, Article 99 ^ 1, with the following contents: "" Art. 99 99 ^ 1. -(1) There is bad faith when the judge or the prosecutor knowingly violates the rules of material or procedural law, following or accepting the injury of a person. (2) There is gross negligence when the judge or prosecutor is at fault, seriously, unquestionably and unquestionably, the rules of material or procedural law. " 5. Article 100 is amended and shall read as follows: "" Art. 100. -Disciplinary sanctions that may apply to judges and prosecutors, in proportion to the gravity of the deviations, are: a) the warning; b) the reduction of the gross monthly framing allowance by up to 20% over a period of up to 6 months; c) the disciplinary move for a period of up to one year to another court or to another prosecutor's office, located in the constituency of another court of appeal or in the constituency of another prosecutor's office of an appeal court; d) suspension from office for up to 6 months; e) exclusion from the magistracy. " + Article II Law no. 317/2004 on the Superior Council of Magistracy, republished in the Official Gazette of Romania, Part I, no. 827 of 13 September 2005, as amended and supplemented, shall be amended and supplemented as follows: 1. Article 44 is amended and shall read as follows: "" Art. 44. -(1) The Superior Council of Magistracy meets, through its departments, 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. " 2. Article 45 is amended and shall read as follows: "" Art. 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: the referral and the person concerned by the referral; 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 shall be connected. " 3. Article 45 ^ 1 is amended and shall read as follows: "" Art. 45 45 ^ 1. -(1) In the framework of disciplinary research, the facts and their consequences are established, the circumstances in which they were committed, as well as any other conclusive data from which they can 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 delivered solution 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 act was committed. " 4. Article 46 is amended and shall read as follows: "" Art. 46. -(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. " 5. After Article 46, a new article is inserted, Article 46 ^ 1, with the following contents: "" Art. 46 46 ^ 1. -(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 The Superior Council of Magistracy. " 6. Article 47 shall read as follows: "" Art. 47. -(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. 45 ^ 1 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. " 7. Article 48 is amended and shall read as follows: "" Art. 48. -(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. " 8. Article 49 is amended and shall read as follows: "" Art. 49. -(1) The decisions of the sections of the Superior Council of Magistracy by 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 the prosecutor concerned, 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. " 9. After Article 49 a new article is inserted, Article 49 ^ 1, with the following contents: "" Art. 49 49 ^ 1. -(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 settlement of disciplinary action, if the continued 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. ((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. " 10. Article 61 shall be repealed. 11. After Article 64, a new chapter is inserted, Chapter VI ^ 1 "Organization of the Judicial Inspection and the status of judicial inspectors", comprising Articles 64 ^ 1-64 ^ 15, with the following contents: "" CHAPTER VI ^ 1 Organisation of Judicial Inspection and Status of Judicial Inspectors Art. 64 ^ 1. -(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. Art. 64 ^ 2. -(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. Art. 64 ^ 3. -(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 64 64 ^ 4. (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. Art. 64 ^ 4. -(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. Art. 64 ^ 5. -(1) The chief inspector shall, principally, 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. Art. 64 ^ 6. -(1) Inspectors of the Judicial Inspection are appointed by the Chief Inspector, following a contest, for a 6-year term, between judges and prosecutors who are at least 8 years old in the magistracy, who have at least grade of court or parquet of the courthouse and they 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. Art. 64 ^ 7. -(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. 64 ^ 13 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. Art. 64 ^ 8. -(1) 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. 64 64 ^ 9. Art. 64 ^ 9. -(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. Art. 64 ^ 10. -(1) 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), 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 Art. 64 ^ 11. -(1) In the exercise of their duties provided in art. 64 ^ 10, 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 Art. 64 ^ 12. -(1) The verification of complaints regarding the good reputation of judges and prosecutors in office is 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 judgment of the Plenum may be appealed to the administrative 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. Art. 64 ^ 13. -(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. Art. 64 ^ 14. -(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. Art. 64 ^ 15. -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 premises shall be ensured, free of charge, by the Romanian, through its specialized structures. " + Article 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. (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. + Article 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. + Article 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 the expiry of their mandate as inspector. (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 the Registry, 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. (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. 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 ROBERTA ALMA ANASTASE SENATE PRESIDENT VASILE BLAGA Bucharest, January 17, 2012. No. 24. -----