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Law No. 232 Of June 3, 2004 Amending And Supplementing Law No. 47/1992 On The Organization And Functioning Of The Constitutional Court

Original Language Title:  LEGE nr. 232 din 3 iunie 2004 pentru modificarea şi completarea Legii nr. 47/1992 privind organizarea şi funcţionarea Curţii Constituţionale

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LEGE no. 232 232 of 3 June 2004 to amend and supplement Law no. 47/1992 on the organisation and functioning of the
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 502 502 of 3 June 2004



The Romanian Parliament adopts this law + Article I Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished in the Official Gazette of Romania, Part I, no. 187 of 7 August 1997, as amended, shall be amended and supplemented as follows: 1. Before paragraph 1 of Article 1, a new paragraph shall be inserted as follows: "" Art. 1. -The Constitutional Court is the guarantor of the supremacy of 2. Paragraph 3 of Article 1 shall be repealed. 3. Article 2 shall read as follows: "" Art. 2. -(1) The Constitutional Court shall ensure the constitutionality of laws, international treaties, Parliament regulations and Government ordinances. (2) The provisions of the acts provided in par. (1), violating the provisions or principles of the Constitution. (3) The Constitutional Court shall rule only on the constitutionality of the acts on which it was notified, without being able to modify or supplement the provisions subject to control. " 4 paragraphs 1 and 2 of Article 3 shall read as follows: "" Art. 3. -(1) The powers of the Constitutional Court are those established by the Constitution and the present law. (2) In the exercise of his powers, the Constitutional Court shall be the only one in law to decide on its competence. " 5 articles 4 and 5 shall be repealed. 6. Paragraph 2 of Article 8 shall be repealed. 7. After paragraph 1 of Article 9, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) The President's mandate may be renewed." 8. Letters a) and b) of paragraph 1 of Article 11 shall read as follows: " a) coordinate the Constitutional Court's work b) convenes and chairs the meetings of the Constitutional Court; ". 9. After point b) of paragraph 1 of Article 11, a new letter, letter b ^ 1) is inserted, with the following contents: " b ^ 1) designates the Judge-Rapporteur in the cases provided by law and sets the time-limits for trial; 10. After paragraph 2 of Article 11, a new paragraph (3) is inserted, with the following contents: "(3) In the exercise of administrative managerial duties, the President shall issue orders." 11. Paragraph 1 of Article 12 shall read as follows: "" Art. 12. -(1) The Constitutional Court may be notified in the cases expressly provided by art. 146 of the Constitution, republished, or its organic law. " 12. The introductory part and point A of paragraph 1 of Article 13 shall read as follows: "" Art. 13. -(1) The Constitutional Court shall pronounce decisions, decisions and issue opinions, as follows: A. Decisions, in cases where: a) rule on the constitutionality of the laws, before their promulgation, upon the notification of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of the Ombudsman, of a number of at least 50 deputies or at least 25 senators, as well as, ex officio, on initiatives to revise the Constitution; b) rule on the constitutionality of the treaties or other international agreements, before their ratification by Parliament, upon the referral of one of the presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators; c) rule on the constitutionality of the Parliament's regulations, to the complaint of one of the presidents of the two Chambers, a parliamentary group or a number of at least 50 deputies or at least 25 senators; d) decides on the exceptions of unconstitutionality regarding the laws and ordinances, raised before the courts or commercial arbitration, as well as those raised directly by the Ombudsman; e) settle the legal conflicts of a constitutional nature between the public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, the Prime Minister or the President of the Superior Council of Magistracy; f) decides on appeals that have as their object the constitutionality of a political party. " 13. After paragraph 2 of Article 13, a new paragraph (3) is inserted, with the following contents: " (3) Decisions, decisions and opinions of the Constitutional Court shall be published in the Official Gazette of Romania, Part I. Decisions and decisions of the Constitutional Court are generally binding and have power only for the future. " 14. Paragraph 1 of Article 14 shall read as follows: "" Art. 14. -(1) The court sessions shall be public, unless, for good reason, the Court decides otherwise. " 15 paragraphs 1 and 2 of Article 17 shall read as follows: "" Art. 17. -(1) The Constitutional Court shall rule on the constitutionality of the laws before their promulgation, upon the notification of the President of Romania, of one of the presidents of the two Chambers, of the Government, of the High Court of Cassation and Justice, of The Ombudsman, a number of at least 50 deputies or at least 25 senators. (2) In order to exercise the right of complaint of the Constitutional Court, 5 days before being sent for promulgation, the law shall be communicated to the Government, to the High Court of Cassation and Justice, as well as to the Ombudsman and shall be submitted to the Secretary General of the Chamber of Deputies and the Senate. If the law has been adopted with the emergency procedure, the term shall be 2 days. " 16. Article 18 shall read as follows: "" Art. 18. --(1) In case of referral to the Constitutional Court by one of the presidents of the two Houses of Parliament, MPs, Government, High Court of Cassation and Justice or Ombudsman, the Court will communicate to the President of Romania referral received, on the day of registration. (2) If the complaint was made by the President of Romania, the parliamentarians, the High Court of Cassation and Justice or the Ombudsman, the Constitutional Court will communicate it, within 24 hours after registration, to the presidents of the two Chambers of Parliament and Government, also stating the date when the debates will take place. (3) If the complaint was made by the president of one of the Houses of Parliament, the Constitutional Court will communicate it to the president of the other Chamber, the Government, as well as to the Ombudsman, and if the complaint was made by the Government, the Court will communicate to the presidents of the two Houses of Parliament, as well as to the Ombudsman, the provisions of ((2) by applying properly. " 17. Paragraph 1 of Article 19 shall read as follows: "" Art. 19. --(1) Until the date of the debates, the presidents of the two Houses of Parliament, the Government and the Ombudsman may present their point of view in writing. " 18 paragraphs 2 and 3 of Article 20 shall read as follows: " (2) The decision shall be pronounced, following the deliberation, with the vote of the majority of the judges and shall be communicated The decision finding the unconstitutionality of the law is communicated to the presidents of the two Houses of Parliament and the Prime Minister. (3) In cases of unconstitutionality concerning the laws, before their promulgation, the Parliament shall be obliged to re-examine those provisions for their agreement with the decision of the Constitutional Court. " 19. In Chapter III, Section 2, after point 1, two new points are inserted, points 1 ^ 1 and 1 ^ 2, with the following contents: "" 1 ^ 1. Verification of the constitutionality of the Constitution revision initiatives Art. 20 ^ 1. -Before the Parliament's complaint for the initiation of the legislative procedure for the revision of the Constitution, the draft law or legislative proposal, accompanied by the opinion of the Legislative Council, is submitted to the Constitutional Court, which is obliged, within 10 days, to rule on compliance with the constitutional provisions on the review. Article 20 ^ 2. -Upon receipt of the draft law or legislative proposal, the President of the Court appoints a Judge-Rapporteur and sets the term of trial. Art. 20 ^ 3. -(1) The Constitutional Court shall rule on the draft law or legislative proposal with the vote of two thirds of the number of judges. (2) The decision of the Court shall be communicated to those who initiated the draft law or legislative proposal or, as the case may be, their representative Article 20 ^ 4. -The draft law or legislative proposal shall be presented to the Parliament only together with the decision of the Constitutional Court, communicated according to 20 ^ 3 para. ((2). Art. 20 ^ 5. -(1) Within 5 days from the adoption of the law on the revision of the Constitution, the Constitutional Court shall rule, ex officio, on it, the provisions of art. 20 ^ 2 and art. 20 20 ^ 3 by applying properly. (2) The decision finding that the constitutional provisions relating to the revision have not been observed shall be sent to the Chamber of Deputies and the Senate, in order to review the law on the revision of the Constitution, to agree with the decision Constitutional Court. 1 1 ^ 2. Review of the constitutionality of treaties or other international agreements Art. 20 ^ 6. -(1) The Constitutional Court shall rule on the constitutionality of the treaties or other international agreements before their ratification by the Parliament, upon the referral of one of the presidents of the two Chambers, of at least 50 deputies or at least 25 senators. (2) If the complaint was made by the president of one of the Houses of Parliament, the Constitutional Court will communicate it to the President of Romania, to the President of the other Chamber, (3) The complaint made by the parliamentarians shall be registered, as the case may be, at the Senate or at the Chamber of Deputies and shall be sent to the Constitutional Court, on the day of its receipt, by the Secretary General (4) The Constitutional Court communicates the complaint to the President of Romania, the presidents of the two Houses of Parliament and Art. 20 ^ 7. -Until the date of debates in the plenum of the Constitutional Court, the President of Romania, the presidents of the two Houses of Parliament and the Government may present their views in writing. Art. 20 ^ 8. -(1) The debate on the constitutionality of the treaty or international agreement takes place in the plenum of the Constitutional Court, on the basis of the complaint, the documents and the views received, both on the provisions mentioned in the complaint and on those of whom, necessarily and obviously, they cannot be dissociated. (2) The decision shall be pronounced, following the deliberation, with the vote of the majority of judges and shall be communicated to the President of Romania, to the presidents of the two (3) If the constitutionality of the treaty or international agreement was found according to art. 146 lit. b) of the Constitution, republished, it cannot be subject to an exception of unconstitutionality. The treaty or international agreement found to be unconstitutional cannot be ratified. " 20. Paragraph 3 of Article 22 shall be repealed. 21. Paragraph 4 of Article 22 shall read as follows: " (4) If by decision the unconstitutionality of some provisions of the regulation is found, the notified Chamber will review, within 45 days, these provisions, for their agreement with the provisions of the Constitution. During this period, the provisions of the regulation declared unconstitutional are suspended. Upon the expiry of the 45-day period, the regulatory provisions declared unconstitutional shall cease their legal effects. " 22. In Chapter III, Section 2, point 3 shall have the following title: "" 3. Resolution of the exception of unconstitutionality raised before the courts or commercial arbitration. " 23 paragraphs 1, 2, 3 and 6 of Article 23 shall read as follows: "" Art. 23. -(1) The Constitutional Court decides on the exceptions raised before the courts or the commercial arbitration on the unconstitutionality of a law or ordinance or a provision of a law or an ordinance in force, which is related to the resolution of the case at any stage of the dispute and whatever its object. ((2) The exception may be raised at the request of one of the parties or, ex officio, by the court or commercial arbitration. The exception can also be raised by the prosecutor before the court, in the cases in which he participates. (3) The provisions found to be unconstitutional by an earlier decision of the Constitutional Court cannot be subject to the exception. .................................................................... (6) If the exception is inadmissible, being contrary to the provisions of par. (1), (2) or (3), the court rejects by a reasoned conclusion the request for referral of the Constitutional Court. The conclusion can be appealed only with appeal to the immediately superior court, within 48 hours of the ruling. The appeal shall be adjudicated within 3 days. " 24 paragraphs 1 and 4 of Article 24 shall read as follows: "" Art. 24. -(1) Receiving the conclusion provided in art. 23 23 para. (4), the President of the Constitutional Court will designate the rapporteur-judge and will communicate the conclusion by which the Constitutional Court was notified to the presidents of the two Houses of Parliament, the Government and the Ombudsman, indicating their date up to which they can send their point of view. Art. 19 19 para. ((2) shall apply accordingly. .................................................................. (4) The judgment takes place at the time limit, based on the documents contained in the file, with the notification of the parties and the Public Ministry. " 25. Paragraph 3 of Article 24 shall be repealed. 26. After paragraph 4 of Article 24, a new paragraph (4 ^ 1) is inserted, with the following contents: "(4 ^ 1) The participation of the prosecutor in court is mandatory." 27. Paragraph 3 of Article 25 shall read as follows: " (3) The provisions of the laws and ordinances in force found to be unconstitutional shall cease their legal effects 45 days after the publication of the Constitutional Court's decision, if, within this period, the Parliament or the Government, as the case may be, shall not agree the unconstitutional provisions with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. " 28. In Chapter III, Section 2, after point 3, two new points are inserted, points 3 ^ 1 and 3 ^ 2, with the following contents: "" 3 ^ 1. Resolution of the exception of unconstitutionality raised by the Ombudsman Art. 25 ^ 1. -The Constitutional Court decides on the exceptions of unconstitutionality raised directly by the Ombudsman on the constitutionality of a law or ordinance or a provision of a law or ordinance in force. Art. 25 ^ 2. -When solving the exception of unconstitutionality, the provisions of art. 23 23-25 shall apply accordingly. 3 3 ^ 2. Settlement of legal conflicts of a constitutional nature between public authorities Art. 25 ^ 3. -(1) The Constitutional Court shall settle the legal conflicts of a constitutional nature between the public authorities, at the request of the President of Romania, of one of the presidents of the two Chambers, of the Prime Minister or of the President Superior of Magistracy. (2) The request for settlement of the conflict will mention the public authorities in conflict, the legal texts on which the conflict bears the position of the parties and the opinion of the author Art. 25 ^ 4. -(1) Receiving the request, the President of the Constitutional Court will communicate it to the warring parties, asking them to express, in writing, within the set deadline, the view on the content of the conflict and possible ways of settling He shall designate the Judge-Rapporteur. (2) On the date of receipt of the last point of view, but no later than 20 days after receipt of the request, the President of the Constitutional Court sets the deadline for the court hearing and quotes the parties involved in the conflict The debate will take place on the date set by the President of the Constitutional Court even if any of the public authorities involved do not meet the deadline set for the presentation ((3) The debate shall take place on the basis of the report presented by the Judge-Rapporteur, of the application for referral, of the points of view presented according to ((1), the evidence administered and the parties ' endorsements. Art. 25 ^ 5. -The decision to settle the legal conflict of a constitutional nature is final and shall be communicated to the author of the complaint, as well as to the parties in the conflict, before its publication in the Official Gazette of Romania, Part I. " 29. Article 26 shall read as follows: "" Art. 26. -(1) The Constitutional Court shall observe the procedure for the election of the President of Romania and confirm the results of the (2) The election result for the office of President of Romania shall be validated by the Constitutional Court. " 30. Article 27 shall read as follows: "" Art. 27. -Appeals regarding the registration or non-registration of the candidacy for President of Romania, as well as those regarding the prevention of a party or a political party or a candidate to carry out their campaign electoral law is settled by the Constitutional Court, with the vote of the majority of judges, within the time limits provided by the law for the election of the President 31 paragraphs 1, 2 and 4 of Article 29 shall read as follows: "" Art. 29. -(1) For the resolution of the appeal, the President of the Constitutional Court will designate the Judge-Rapporteur, who is obliged to communicate it, together with the supporting documents, to the political party to which the appeal refers, specifying the date by which may file a defence memo, accompanied by the appropriate evidence. (2) The appeal shall be judged, on the basis of the report presented by the judge designated for this purpose and the evidence administered, with the citation of the objector, of the political party whose constitutionality is contested and of the Public Ministry. ................................................................... (4) The Court's decision is not subject to appeal. " 32. Article 30 shall read as follows: "" Art. 30. -(1) Political parties may be declared unconstitutional in the cases provided by art. 40 40 para. (2) of the Constitution, republished. (2) The decision to admit the appeal shall be communicated to the Bucharest Court for the deletion of the unconstitutional political party from the Register of Political Parties. " 33. Paragraph 3 of Article 31 shall read as follows: "(3) The President of the Constitutional Court, receiving the request, shall designate the Judge-Rapporteur." 34. Paragraph 1 of Article 32 shall read as follows: "" Art. 32. -(1) The opinion on the suspension of office of the President of Romania shall be issued by the Constitutional Court following the debate of the proposal for suspension and the evidence presented. " 35. Article 34 shall read as follows: "" Art. 34. -The request for finding the existence of the circumstances justifying the interim office of the President of Romania will be accompanied by the necessary evidence, and the finding of these circumstances is made by the Constitutional Court, with the majority vote judges. " 36. In Chapter III, Section 2, after point 7, two new points are inserted, points 7 ^ 1 and 7 ^ 2, with the following contents: "" 7 ^ 1. Exercise of powers regarding the organization and conduct of the referendum and confirmation of its Art. 34 ^ 1. -(1) The Constitutional Court shall observe the procedure for the organization and conduct of the referendum and shall confirm its results. (2) In order to carry out the provisions of par. (1), the Constitutional Court may request information from the public authorities. (3) The Central Electoral Bureau is obliged to present, at the request of the Constitutional Court, information on the phases and operations of the referendum. Art. 34 ^ 2. -(1) The plenary of the Constitutional Court decides by a two-thirds majority on the validity of the referendum. (2) The Constitutional Court's ruling determines whether the procedure for the organization and conduct of the referendum was observed and confirms its results (3) Before the publication in the Official Gazette of Romania, Part I, the Constitutional Court's decision is presented to the Chamber of Deputies and the Senate, meeting in the joint 7 7 ^ 2. Verification of compliance with the conditions for the exercise of legislative initiative Art. 34 ^ 3. -The Constitutional Court, ex officio or on the basis of the complaint of the Speaker of the Parliament to which the citizens ' legislative initiative was registered, shall rule on: a) the constitutional nature of the legislative proposal subject to the citizens ' initiative b) the fulfilment of the conditions regarding the publication of this proposal and whether the lists of supporters are attested by the mayors of the administrative-territorial units or by their respective powers; c) meeting the minimum number of supporters to promote the initiative, provided in art. 74 74 para. ((1) or, as the case may be, art. 150 150 para. (1) of the Constitution, republished, as well as on the respect of territorial dispersion in counties and in Bucharest, provided by the same articles. Art. 34 ^ 4. -Upon receipt of the complaint, the President of the Constitutional Court shall designate the rapporteur-judge and shall set the time limit for the meeting of the judges to verify 37 articles 35 and 36 shall be repealed. 38. After Chapter III, two new chapters are introduced, chapters III ^ 1 and III ^ 2, with the following contents: "" CHAPTER III ^ 1 Plenary of the Constitutional Court Art. 36 ^ 1. -The plenum of the Constitutional Court, made up of the judges of the Court, performs its duties, provided by the Constitution The plenary may take any action necessary for the smooth conduct of the Court's work. Art. 36 ^ 2. -(1) The Constitutional Court works legally in the presence of two thirds of the number of judges The plenum decides with the vote of the majority of the judges of the Court, unless otherwise provided ((2) The solutions adopted by the Constitutional Court in the exercise of judicial powers shall be entered in the condica of the court hearings, and in administrative matters shall be recorded, for each sitting, in a minutes on the basis of which a decision is issued, signed by the President of the Court and countersigned by the Secretary-General. (3) For the exercise of powers other than judicial powers, the Plenum shall be convened by the President of the Constitutional Court, on his own initiative or at the written request of a The convocation is made with the announcement of the agenda, which is adopted in plenary, at the beginning of the meeting. Chapter III ^ 2 Procedural rules specific to the Constitutional Court Art. 36 ^ 3. -(1) All judges of the Constitutional Court shall participate in the meetings of the Plenum, apart from situations in which some are justifiably absent. (2) The meetings are chaired by the President of the Constitutional Court. In the absence of the President of the Court, the meetings shall be chaired by a judge appointed The assistant magistrate assigned to the judge-rapporteur shall participate in the meetings, and in the cases provided by law, the representative of the Public Ministry and other persons or authorities, notified for this purpose. (3) The debates take place with the participation only of the judges of the Constitutional Court, on the basis of the complaint and the other documents on file and, except in the cases provided in art. 146 lit. d), e) and k) of the Constitution, republished, without notice to the parties. The President of the Court may invite persons deemed necessary for relations. Art. 36 ^ 4. -(1) Public access is limited to the number of seats in the meeting room. The Secretary-General will take measures to ensure public access to the meeting room. (2) In order to ensure the solemnity of the hearing, the use in the meeting room of the devices allowing the recording, fixing or transmitting the word or image is admitted only before the beginning of the debates and with the prior authorization of the Constitutional Court (3) It is forbidden to make propaganda in the meeting room of any kind, by word of mouth or by posters, placards or other materials of this kind, under penalty of eviction from the room and referral of police bodies, if the President of the Court Constitutional appreciates that the act is serious. (4) Provisions art. 122 and 123 of the Code of Civil Procedure are applicable. (5) The conexation of files pending before the Constitutional Court is ordered when the object of the exception is identical. Art. 36 ^ 5. -During public meetings, judges, assistant magistrates, prosecutors and lawyers wear the robe. Art. 36 ^ 6. -The Constitutional Court, legally notified, proceed to the examination of constitutionality, not applicable to the provisions of the Code of Civil Procedure relating to the suspension, interruption or quenching of the process nor those regarding the recusal judges. Art. 36 ^ 7. -During the public meeting, the assistant magistrate will record in the register of notes, numbered and sealed, the number of the file, the oral submissions of the parties and the prosecutor, the measures ordered by the Constitutional Court, as well as all the other issues resulting from the debates. On its basis, the assistant magistrate will draw up the debate. The note book shall be kept in the Court's archive for 5 years from the date of the last written notes. Art. 36 ^ 8. -If the Constitutional Court remains in the pronouncement, the President announces the day set for it. The postponement of the ruling will not, as a rule, exceed 30 days. The meeting will pass at the time of delivery and the deadline for the debates. Art. 36 ^ 9. -(1) Deliberation is made in secret and only the judges who participated in the debates will be present. The assistant magistrate who prepared the debates and participated in them can be consulted. (2) The Judge-Rapporteur shall vote the first, the youngest judge, the second, then the other judges and, at the end, the President of the Constitutional Court. (3) If a judge asks to interrupt the deliberation for a better study of the issues forming the object of the debate and the President of the Constitutional Court or at least one third of the number of judges of the Plenum consider the justified application will be postponed to another date, taking into account the urgency of the case. (4) If in the course of deliberation there is a need to clarify some aspects, the President of the Constitutional Court may order the reopening of the debates, taking the necessary procedural measures Art. 36 ^ 10. -(1) The result of the deliberation shall be entered in a minute, which shall be signed by the judges who attended the meeting and the assistant magistrate. (2) The assistant-magistrate shall immediately record the data solutions, which shall be signed by the judges. (3) The judge who voted against may make a separate opinion. The reasoning of the decision may be the competition opinion. Separate opinion and, as the case may be, the competition is published in the Official Gazette of Romania, Part I, together with the decision. Art. 36 ^ 11. -(1) Decisions, decisions and opinions shall be drawn up in writing by the assistant magistrate who participated in the debates, under the guidance of the Judge-Rapporteur. The term of writing shall be no more than 30 days after delivery. (2) Decisions, decisions and opinions shall be certified by the President of the Constitutional Court and the assistant magistrate who participated in the debates. They receive number in the order of their registration in the meeting condica, separately for decisions, decisions and opinions. (3) The Constitutional Court publishes the collections of decisions and decisions and organizes the systematization of its jurisprudence. " 39. The title of Chapter IV shall read as follows: "" CHAPTER IV Status of Constitutional Court Judges " 40. Before paragraph 1 of Article 37, two new paragraphs are inserted, with the following contents: "" Art. 37. -The judges of the Constitutional Court are independent in the exercise of their duties and are inamovible during the term The judges of the Constitutional Court cannot be held legally responsible for the opinions and votes cast upon the adoption of the solutions. " 41 paragraphs 1 and 2 of Article 42 shall read as follows: "" Art. 42. -(1) The judges of the Constitutional Court may not be arrested or sent to criminal proceedings except with the approval of the Permanent Bureau of the Chamber of Deputies, of the Senate or of the President of Romania, as the case may be, from the High Court of Cassation and Justice. (2) The jurisdiction for the offences committed by the judges of the Constitutional Court belongs to the High Court of Cassation and Justice. " 42. Article 46 shall read as follows: "" Art. 46. -The President of the Constitutional Court is equal to the President of the High Court of Cassation and Justice, and the judges of the Constitutional Court, with the vice-president of the High Court of Cassation and Justice, benefiting from the indemnity equal to the to them, increased by 15%, as well as by the other rights. " 43. After Article 46, two new articles are inserted, Articles 46 ^ 1 and 46 ^ 2, with the following contents: "" Art. 46 46 ^ 1. -Judges who do not have their domicile in Bucharest benefit from free accommodation, weekly transport to and from the locality of residence, as well as daily allowance for the days in which they participate in the works of the Constitutional Court, in the conditions provided by law for Members and Senators. Art. 46 ^ 2. -(1) Upon termination of the mandate, following the expiry of its term or the impossibility of its exercise for health reasons, the judges of the Constitutional Court shall benefit from an amount equal to the net allowance for 6 months of activity. (2) Judges of the Constitutional Court, at the time of retirement or recalculation of previously established pensions, benefit from service pension equal to 80% of their monthly gross allowance. The pension thus established is updated in relation to the indemnity of the Constitutional Court judges and is taxed according to the law (3) Judges of the Constitutional Court are entitled to a diplomatic passport under the law. " 44. The title of Chapter V shall read as follows: "" CHAPTER V Staff of Constitutional Court " 45. Within Chapter V, after Article 46 ^ 2, two new articles are inserted, Articles 46 ^ 3 and 46 ^ 4, with the following contents: (2) The Secretary-General shall be assimilated to the magistrates, duly benefiting from their rights. The period of fulfilment of the position of general secretary of the Constitutional Court constitutes seniority in the magistr (3) The Secretary-General is authorising officer, under the conditions of art. 11 11 para. ((2). "" Art. 46 46 ^ 3. -(1) The staff of the Constitutional Court shall be composed of the staff of the assistants and the staff of the General Secretariat, which shall be headed by a Secretary-General Art. 46 ^ 4. -The status of the staff of the Constitutional Court shall be governed by 46. The title of Chapter VI shall read as follows: "" CHAPTER VI Transitional and final provisions ' 47. Paragraph 2 of Article 49 shall read as follows: " (2) The draft budget is approved by the Plenum of the Constitutional Court and shall be submitted to the Government in order to be included distinctly in the draft state budget subject to legislation. 48. Article 51 shall be repealed. 49. Article 52 shall read as follows: "" Art. 52. -Public authorities, institutions, autonomous regions, companies and any other organizations are obliged to communicate the information, documents and documents they hold, required by the Constitutional Court for the performance of its duties. " 50. Article 53 shall be repealed. + Article II Throughout the law, the name "Supreme Court of Justice" is replaced by the name "High Court of Cassation and Justice". + Article III Law no. 47/1992 , republished, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, 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 VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, June 3, 2004. No. 232. ------------