Law No. 303 Of 28 June 2004 On The Status Of Magistrates

Original Language Title:  LEGE nr. 303 din 28 iunie 2004 privind statutul magistraţilor

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Law No. 303 of 28 June 2004 (* republished *) (* updated *) on the status of judges and prosecutors (updated until May 20, 2016 *)-PARLIAMENT ISSUING — — — — —-*) Republished pursuant to art. XII title XVII of the Act nr. 247/2005 on the reform in the areas of property and justice, as well as some accompanying measures, published in the Official Gazette of Romania, part I, no. 653 of 22 July 2005, posing a new texts.
Law No. 303/2004 was published in the Official Gazette of Romania, part I, no. 576 of 29 June 2004 and amended by Emergency Ordinance of Government No. 124/2004 published in the Official Gazette of Romania, part I, no. 1,168 of 9 December 2004, approved with amendments and completions by law No. 71/2005 published in the Official Gazette of Romania, part I, no. 300 of 11 April 2005.


Title I General provisions chapter I article 1 principles and Notions of the HIPC initiative is the work done by the judicial judges for the purpose of bringing about justice and prosecutors aimed at defending the general interests of society, the rule of law and the rights and freedoms of citizens.


Article 2 (1) judges appointed by the President of Romania shall be irremovable, under the present law.
  

(2) the judges irremovable can be move, transfer, delegation or secondment, promotion only with their consent, and may be suspended or dismissed under the conditions laid down in this law.
  

(3) Judges are independent, subject only to the law and it must be impartial.
  

(4) Any person, organization, institution or authority is obligated to respect the independence of the judges.
  


Article 3 (1) Prosecutors appointed by the President of Romania shall enjoy stability and are independent in accordance with the law.
  

(2) the Prosecutors enjoy stability can be moved by one, detachment or promotion, only with their consent. They can be delegated, suspended or dismissed under the conditions laid down in this law.
  


Article 4 (1) judges and prosecutors are obliged, through their work, to ensure the rule of law, to respect the rights and freedoms of individuals, and their equality before the law and to ensure a non-discriminatory legal treatment of all participants in legal proceedings, regardless of their quality, comply with the code of conduct of judges and prosecutors and to participate in continuing vocational training.
  

(2) the judges refuse to judge on the grounds that the law does not provide, is unclear or incomplete.
  


Chapter II Incompatibilities and prohibitions in article 5 (1) the functions of judge, Prosecutor, magistrate-Assistant and Assistant to the judiciary are incompatible with any other public or private functions, except for teaching positions in higher education, as well as the training of the National Institute of Magistracy and the national school for Clerks, according to the law.
  

(2) judges and prosecutors are obligated to refrain from any activities related to the Act of Justice in cases involving a conflict between their interests and the public interest of the justice or defense of the interests of the society, except in cases where the conflict of interest has been brought to the notice, in writing, of the College of management of the public prosecutor's Department or of the driver and it was considered that the existence of conflict of interest does not affect the impartial fulfillment of duties of service.
  

(3) judges, prosecutors, magistrates and auxiliary staff-nurses are required to annually give an affidavit stating whether the spouse, family members or relatives up to the fourth degree inclusive exercise a function or performing a legal activity times investigative activities or criminal investigation, as well as the workplace. Statements shall be recorded and shall be submitted to the professional.
  


Article 6 (1) judges, prosecutors, magistrates-expert staff nurses, legal assistants and assimilated by magistrates who are obliged to make a statement on his own responsibility, according to the criminal law relating to non-affiliation, membership or as an agent or collaborator of the securitate, as political police.
  

(2) National Council for analyzing the Security check the declarations referred to in paragraphs 1 and 2. (1). Results of the verification is attached to the file.
  

(3) the provisions of law No. 187/1999 access to your files and security policy that the unveiling of the police is applied properly.
  


Article 7 (1) judges, prosecutors, magistrates-expert staff nurses, legal assistants and assimilated their specialty of the courts and prosecutors ' offices may not be workers, operatives including cover, informants or collaborators of the intelligence services.
  

(2) the persons referred to in paragraph 1. (1) complete a statement annually, on its own responsibility according to criminal law, indicating that workers are not covered, including operatives, informants or collaborators of the intelligence services.
  

(3) the Supreme Council of national defence shall, ex officio or upon referral to the Superior Council of Magistracy or the Minister of Justice, the reality of the declarations referred to in paragraphs 1 and 2. (2) and (4) violation of the provisions of paragraph 1. (1) lead to removal from the position held, including that of the judge or Prosecutor.
  


Article 8 (1) judges and prosecutors are forbidden: a) to carry out commercial activities, either directly or through persons status;
  

(b)) to conduct arbitration in civil litigation, commercial or otherwise;
  

c) have the status of associate or membership in governing bodies, management, or control the civil society, including companies, banks or other credit institutions, insurance companies, national companies financial times, corporations or 1900;
  

d) to have membership of a group of economic interest.
  

(2) by way of derogation from paragraph 1. (1) (a). c), judges and prosecutors may be shareholders or members as a result of the law on mass privatization.
  


Article 9 (1) judges and prosecutors may not belong to political parties or political parties or to conduct or participate in political activities.
  

(2) judges and prosecutors are required as the duties to refrain from expressing or manifesting, in any way, to their political beliefs.
  


Article 10 (1) judges and prosecutors cannot express the public opinion about the processes that are in progress or on some causes with which was referred to the Prosecutor's Office.
  

(2) judges and prosecutors may not give written or oral consultations in litigious matters, even though the processes in question are on the role of the courts or other offices than those in which exercising the function and cannot carry out any other activity which under the law is carried out.
  

(3) judges and prosecutors are allowed to advocate, as provided by law, but in their personal causes of ascendants and descendants, of husbands as well as of persons placed under their guardianship or curatorship. Even in such cases, however, judges and prosecutors are not allowed to make use of the quality they have to influence the solution of the judgment or of the Prosecutor and shall avoid creating the appearance that may in any way influence the solution.
  


Article 11 (1) judges and prosecutors can take part in the preparation of publications, can develop articles, studies, scientific and literary works of the time can participate in audiovisual broadcasts, except for those with a political character.
  

(2) judges and prosecutors may be members of the examination committees or the elaboration of projects of normative documents, domestic or international.
  

(3) judges and prosecutors may be members of scientific societies or academic, and any legal entities governed by private law without patrimonial purpose.
  


Title II Career of judges and prosecutors, chapter I, the judiciary and the training of judges and prosecutors in article 12 entry into the judiciary of judges and prosecutors is done through competition, on the basis of professional competence, skills and good reputation.


Article 13 entry into the judiciary and pre-service employment function in order to judge and Prosecutor shall be done by the National Institute of Magistracy.


Article 14 (1) admission to the National Institute of Magistracy shall be made in compliance with the principles of transparency and equality, solely on the basis of competition.
  

(2) can be admitted to the National Institute of Magistracy any person who fulfils the following conditions: (a) (b) cumulatively) Romanian citizenship, domicile in Romania and full capacity of exercise;
  

b) is licensed in law;
  


c) does not have a criminal record or criminal record fiscal and enjoys a good reputation;
  

d knows Romanian language);
  

e) is fit, in terms of medical and psychological, for the exercise of the function. Medical Committee is called by order of the Minister of Justice and Minister of health. Medical examination fees shall be borne by the budget of the National Institute of Magistracy.
  

— — — — — — — — — — — —-. (2) of article 9. 14 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 23 of June 6, 2012, published in MONITORUL OFICIAL nr. 383 of 7 June 2012.


Article 15 (1) admission contest is held annually at the time and place set by the National Institute of magistrates, with the approval of the Superior Council of Magistracy. Date, venue, venue of the competition for admission and the number of places offered for competition will be published in the Official Gazette of Romania, part III, on the website of the Superior Council of Magistracy and the National Institute of Magistracy, with at least 60 days before the date set for the competition.
  

(2) the data referred to in paragraph 1. (1) shall be brought to the attention of and through a press release to be published in the three dailies.
  

(3) to enter the competition referred to in paragraphs 1 and 2. (1) the candidate pays a fee whose amount shall be fixed by Decree of the Superior Council of Magistracy depending on required expenses for organizing the competition.
  

(4) the Superior Council of Magistracy shall determine each year the number of students, according to posts of judges and prosecutors, as well as those that will be set up.
  

(5) the admission Committee, Commission for the drafting of topics and review Commission are appointed by decision of the higher magistrates Council, on a proposal from the National Institute of Magistracy. Records of candidates and fulfilling the conditions laid down in article 21. 14. (2) shall be carried out by the admission Committee.
  

(6) the results of the competition will be displayed at the headquarters of the National Institute of Magistracy and shall be published on the website of the Superior Council of Magistracy and the National Institute of Magistracy.
  

(7) Applicants dissatisfied with the results of the competition may appeal within three days of the show to the review. It will resolve within 3 days. Commission decision review is irrevocable, the provisions of paragraph 1. (6) being applicable as appropriate.
  

8. Verify the condition of good reputation and the condition to be apt in terms of medically and psychologically for the exercise of the function is carried out after the final results of the competition.
  

— — — — — — — — — — — —-. (8) article. 15 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 23 of June 6, 2012, published in MONITORUL OFICIAL nr. 383 of 7 June 2012.


Article 16 (1) the students of the National Institute of Magistracy have quality Auditors.
  

(2) initial vocational training in the framework of the National Institute of Magistracy consists of theoretical training and practice of Justice Auditors to become judges or prosecutors.
  

(3) the length of training courses for Auditors is 2 years. After the first year of classes, Justice Auditors, in order to opt and environments in relation to the number of workstations, for the post of judge or Prosecutor.
  

(4) during the period, Justice Auditors carried out internships within the courts and prosecutors ' offices, attend meetings of the Court and the prosecution to get to know directly the activities they carry out judges, prosecutors and support staff.
  

(5) Training Programme of Justice Auditors shall be approved by the higher magistrates Council, on a proposal from the National Institute of Magistracy.
  


Article 17 (1) Auditors of Justice shall receive a monthly allowance given to a character corresponding to the function of judge and Prosecutor trainee trainee, in relation to the length of service as auditors.
  

(2) Scholarship candidates Justice mentioned in paragraph 1. (1) the nature and legal status of a straight salary and shall be determined on the basis of gross compensation provided by law for trainee judges and prosecutors, which will calculate deductions for obtaining compensation, the net is the employer's obligation to steer policyholders and State social insurance contributions, as well as the obligation of the employer and the insured's contribution to the health and social security. Justice Auditors shall receive compensation and during holidays.
  

(3) the Indemnity shall be paid to auditors of Justice provided for in the annual budget approved of the Superior Council of Magistracy.
  

(4) the Auditors of Justice enjoys the rights provided for in art. 79 para. (4) and (5) apply accordingly.
  

(5) the period within which a person had the quality auditor, if he passed the examination for the National Institute of Magistracy, constitutes the Office of judge or Prosecutor.
  

(6) the provisions of paragraphs 1 and 2. (1) to (3) and (5) shall apply and the justice Auditors coming from other countries, on the basis of agreements concluded with the ministries of Justice in their respective countries.
  


Article 18 (1) Deviations of Justice disciplinary auditors from their obligations and duties under the law or Regulation of the National Institute of Magistracy disciplinary sanctions.
  

(2) Constitute disciplinary: a) conducting political or public expression of political beliefs in the exercise of their duties;
  

b) attitudes towards ireverenţioase colleagues, staff training and leadership of the National Institute of Magistracy, and toward the people you come into contact during the period of carrying out the adaptation period;
  

c) absences from classes if they exceed 8 hours in a month.
  

(3) the disciplinary Sanctions applicable to auditors of justice are: a) warning;
  

b) lessening the scholarship with up to 15% for a period from one month to three months;
  

c) decreasing in proportion to the number of scholarship are unjustified absences if they exceed 8 hours in a month;
  

d) expulsion from the National Institute of Magistracy.
  

(4) the warning applies in writing to the Director of the National Institute of Magistracy and can be challenged at the Scientific Council of the Institute.
  

(5) penalties provided for in paragraph 1. (3) (a). b), c) and (d)) apply to the Scientific Council of the National Institute of Magistracy.
  

(6) the Scientific Council Decisions referred to in paragraph 1. (5) may be appealed to the Administrative Court and fiscal competence.
  

(7) in the case of exmatriculării from the National Institute of Magistracy at sanctioned is obliged to repay the allowance and tuition costs.
  

(8) the procedure for finding irregularities and for the application of disciplinary sanctions shall be established by Regulation of the National Institute of Magistracy.
  


Article 19 (1) After completion of the course within the National Institute of Magistracy, Justice Auditors contend a graduation exam, consisting of theoretical and practical samples to check for the appropriation of knowledge necessary for the exercise of the function of judge or Prosecutor.
  

(2) justice Auditors who have passed the examination provided for by paragraph 1. (1) will be appointed according to the law, as a rule, the functions for which they have opted out after the first year of coursework within the National Institute of Magistracy.
  

(3) the Auditors of Justice that does not promote graduation exam may once again for its support at the next session organized by the National Institute of Magistracy. Where the auditor of Justice fails to appear, wrongly, the exam or does not promote the second examination session, he cannot be appointed as a judge or Prosecutor is obliged to refund and scholarship and tuition costs.
  


Article 20 (1) Graduates of the National Institute of Magistracy are obliged to meet for 6 years the post of judge or Prosecutor.
  

(2) in the case of a graduate of the National Institute of Magistracy is dismissed before the expiry of 6 years, on his own initiative or attributable to him reasons, he shall be obliged to repay the scholarship officer and tuition expenses incurred with the formation to, proportional to the time remaining until expiry referred to in paragraph 1. (1) and (3) between the date of graduation and promotion exam date of appointment to the position of judge or Prosecutor trainee, graduates of the National Institute of magistrates who have passed the examination receive monthly allowance corresponding to the graduation Office of auditor. Rights of employed persons shall be borne by the budget of the National Institute of Magistracy.
  

— — — — — — — — — — —-. (3) art. 20 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.


Chapter II trainee Judges and prosecutors and trainee



Article 21 (1) Judges and prosecutors and trainee interns are appointed by the Superior Council of Magistracy, the average general, obtained by summation of the three environments at the end of each year of study and graduation exam of the National Institute of Magistracy.
  

(1 ^ 1) The period from graduation examination and appointment by the Superior Council of Magistracy to the position of judge or Prosecutor trainee, as well as the period during which a person had the status of a judge or Prosecutor, if the trainee has passed the examination provided for in article capacity 25, constitutes the Office of judge or Prosecutor.
— — — — — — — — — — —-. (1 ^ 1), art. 21 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.

(2) Judges and prosecutors and trainee interns can be appointed depending only upon the judges or, where appropriate, to the public prosecutor's Office attached to them.
  

(3) the judges interns enjoy stability.
  


Article 22 (1) the training period is 1 year.
  

(2) during the period of the traineeship, judges and prosecutors are required to continue training under the auspices of a judge or a prosecutor specifically designated by the President of the Court of Justice or, where appropriate, first Prosecutor's Office this instance.
  

(3) the courts and prosecutors ' offices of Leadership is required to ensure that all the conditions for the smooth operation of your internship.
  


Article 23 (1): (a) Judges and trainee judges) shares holders, applications relating to pensions, maintenance records and corrections applications relating to the civil status registers, applications concerning garnishments, enforce acquiescence and taking precautionary measures;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 23 amended by art. The EMERGENCY ORDINANCE nr. 1 of 3 February 2016, published in MONITORUL OFICIAL nr. 85 of 4 February 2016.

b) property disputes involving the payment of a sum of money or handing over of goods where the value of the object of the dispute does not exceed 100 million lei (RON 10,000);
  

c) complaints against reports of contraventions and application of administrative sanctions;
  

d) payment order;
  

-----------
Lit. d) of paragraph 2. (1) of article 1. 23 amended by art. III of law No. 138 of 15 October 1986, published in MONITORUL OFICIAL nr. 753 of 16 October 2014.

e) rehabilitation;
  

f) finding the intervention times Amnesty pardon;
  

(g) offences provided for in the code) criminal law in respect of which criminal proceedings are put in motion prior to the complaint of the injured person, other than those of article 235, 218 paragraph 1. (1) and (2), art. 219 paragraph 2. (1), art. 223, 226, 227, and art. 239-241.-----------Lit. g) of paragraph 1. (1) of article 1. 23 was amended by section 1 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) Prosecutors have the right to conduct a trainee and sign the procedural acts, under the coordination of a prosecutor who enjoys stability, and make conclusions in court.
  

— — — — — — — — — —-. (2) of article 9. 23 was amended by paragraph 2 of article 9. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) the solutions are countersigned by the prosecutors and trainee prosecutors who co-ordinate them.
  


Article 24 (1) the judge or the Prosecutor in charge of the coordination of trainee judges or, where appropriate, to prosecutors and trainee prepares a quarterly report of individual assessment regarding the appropriation of the specific practical skills and knowledge of a judge or Prosecutor.
  

(2) to submit to the examination capacity, the last evaluation report includes individual advisory opinion to the President of the Court of appeal or of the prosecutor-general's Office of its side.
  


Article 25 (1) After the end of the internship, trainee judges and prosecutors are required to be present at the examination of capacity. Where the judge or the Prosecutor trainee intern is dismissed from the exam, he is obliged to be present at the next session.
  

(2) Lack of overkill capacity examination or reject the candidate to the second session of quality loss draw trainee judge or Prosecutor trainee. In this situation, the judge or the Prosecutor is obliged to return the intern scholarship officer and tuition costs incurred for professional training.
  

(3) a person who, for reasons which are justified, did not attend the examination capacity can sustain this exam if the completion up to the date fixed for examination have not gone more than two years. The provisions of paragraphs 1 and 2. (2) shall apply accordingly.
  

(4) after the term of 2 years, the persons referred to in paragraph 1. (3) are required to carry out the training course again, according to the law.
  


Article 26 (1) exam of capacity of judges and prosecutors and trainee interns are organized annually by the Superior Council of Magistracy, through the National Institute of Magistracy.
  

(1 ^ 1) The capacity examination of paragraph (1) judges and prosecutors participating interns, interns, as well as specialized legal staff assimilated judges and prosecutors within the Superior Council of magistrates, the National Institute of Magistracy of the Public Prosecutor and the Ministry of Justice.
— — — — — — — — — — — —-. (1 ^ 1), art. 26 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(2) the date, place and manner of conducting the examination capacity shall be published in the Official Gazette of Romania, part III, as well as on the website of the Superior Council of Magistracy and the National Institute of Magistracy and communicated to the courts and prosecutors ' offices on top of this, with at least 90 days before the date fixed for examination of capacity.
  

(3) applications for entering the exam papers, accompanied by capacity assessment and other documents required according to the regulation on examination of capacity of judges and prosecutors and trainee interns, are submitted to the Superior Council of Magistracy (SCM) within 60 days after the publication date of the exam.
  


Article 27 (1) the Commission for the examination of the capacity of judges and the Commission for the resolution of complaints are made up of judges of the High Court of Cassation and justice, the judges of the Court of appeal, and trainers from the National Institute of Magistracy, appointed by decision of the higher magistrates Council, on a proposal from the National Institute of Magistracy.
  

(2) the Commission for the examination of capacity of the prosecutors and the Commission for the resolution of complaints are made up of prosecutors from the public prosecutor's Office attached to the High Court of Cassation and justice, prosecutors from the public prosecutor's Office attached to the courts of appeal and trainers from the National Institute of Magistracy, appointed by decision of the higher magistrates Council, on a proposal from the National Institute of Magistracy.
  


Article 28 (1) the examination consists in checking the capability of theoretical and practical knowledge through written and oral evidence.
  

(2) theoretical nature Samples the constitutional foundations of the rule of law, the basic institutions of law, judicial organization and code of conduct of judges and prosecutors. Oral evidence to support at least three members participate in panels. 27. (3) Samples with practicality in solving cases and judicial acts, for judges and prosecutors, depending on the specifics of their activity.
  

(4) Repealed.
  

— — — — — — — — — — — —-. (4) article. 28 was repealed by section 1 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 of 15 April 2008, amending paragraph 2 of art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.


Article 29 (1) exam results of capacity shall be entered in the table for the classification of the candidates, which is displayed at the headquarters of the National Institute of Magistracy and shall be published on the website of the Superior Council of Magistracy and the National Institute of Magistracy.
  

(2) in relation to the examination of capacity with respect to evidence by shall be sent to the National Institute of Magistracy within 72 hours of the results by the candidates, the courts of appeal or the public prosecutor's Office attached to them. Appeals shall decide within 3 days. Commission decision review is irrevocable, the provisions of paragraph 1. (1) being applicable as appropriate.
  

(3) the Notation of oral evidence is definitive.
  

(4) after the preparation of the table of classification of candidates, the Superior Council of Magistracy shall validate the capacity exam in first sitting that follow display results.
  


(5) the Superior Council of Magistracy may invalidate, in whole or in part, the examination capacity in cases where the notes that were not complied with the conditions laid down by law or regulation on the organisation of the examination or that there is evidence of fraud was committed.
  


Article 30 (1) After examination of validation capabilities, list all vacancies at the judges and the public prosecutor's Office attached to these courts shall be published without delay, for judges and prosecutors, in the Official Gazette of Romania, part III, and the displays on the premises of courts and prosecutors ' offices, by the Superior Council of Magistracy.
  

(2) candidates declared admitted to examination capacity shall have the right, according to their environments, to choose the posts, within 15 days from its publication in the Official Gazette of Romania, part III.
  

(3) the candidate who has not exercised the right of choice of the station within the time limit referred to in paragraph 1. (2) i shall be proposing, on its own initiative, a post by the Superior Council of Magistracy. Refusal to accept the proposal is considered resignation.
  

(4) At equal priority in the choice of the post, in the following order, the candidate who works at the Court or Prosecutor has opted for, which at times that has a length greater than the judiciary.
  

(5) the distribution of posts are displayed at the headquarters of the Superior Council of magistrates, prosecutors and the courts of, and to the persons concerned are to be published on the website of the Superior Council of Magistracy.
  

(6) In the courts and the Prosecutor's districts where a national minority is at least 50% of the inhabitants, at equal priority, you have knowledgeable candidates that minority language.
  


Chapter III the appointment of judges and prosecutors in article 31 (1) judges and prosecutors who have passed the examination capacity shall be appointed by the President of Romania, at the initiative of the Superior Council of Magistracy.
  

(2) proposals for appointment shall be made not later than 30 days from the date of validation of the examination capacity.
  

(3) the President of Romania may refuse once the appointment of judges and prosecutors as referred to in paragraph 1. (1) refusal are motivated as soon as the Superior Council of Magistracy.
  

(4) in the event that the Superior Council of Magistracy claims its initial proposal, has an obligation to provide the option to notify without delay to the President of Romania.
  

(5) during the period between the date of validation of the examination capacity and date of entry into force of the Act of appointment by the President of Romania, judges and prosecutors who have passed the examination receive appropriate salary tool capacity immediately above that of the judge or Prosecutor trainee.
  


Article 32 (1) may be appointed judge or public prosecutor of the military person who fulfils the conditions provided by law for the judiciary, with the assent of the Ministry of national defence regarding the fulfilment of the legal conditions for obtaining the quality of active officer in the Ministry.
  

(2) the appointment as judge or Prosecutor, the transfer of the military courts to civilian courts or the public prosecutor public prosecutor of the military times, and military ranks and increasing degree of military judges and prosecutors shall be made according to a common regulation of the Superior Council of Magistracy and Ministry of national defense.
  

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Art. 32 was amended by section 3 of article 9. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 33 (1) may be appointed in judiciary, on a competitive basis, provided they meet the conditions laid down in article 21. 14. (2), former judges and prosecutors who have ceased for reasons not attributable to specialist legal staff; 87 para. (1), lawyers, notaries, legal assistants, legal advisors, probation staff with higher education legal, judicial police officers with higher education legal clerks with higher education law, persons who have fulfilled the functions of legal specialty in the Parliament, the presidential administration, Cabinet of Ministers, the Constitutional Court, the Ombudsman, the Court of Auditors or of the Legislative Council, from the legal Research Institute of the Romanian Academy and the Romanian Institute for human rights , teachers in higher legal education accredited, and assistants to judges-the High Court of Cassation and justice, a specialist in at least 5 years.
  

— — — — — — — — — — — —-. (1) of article 1. 33 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(2) paragraph Contest. (1) shall be held annually or whenever necessary, the Superior Council of Magistracy, through the National Institute of Magistracy, for filling vacancies from the judges and the public prosecutor's Office attached to them.
  

(2 ^ 1) The provisions of article 15 para. (8) shall apply accordingly.
— — — — — —-. (2 ^ 1), art. 33 was introduced by point 3 of article 1. From the EMERGENCY ORDINANCE nr. 23 of June 6, 2012, published in MONITORUL OFICIAL nr. 383 of 7 June 2012.

(3) no later than 30 days from the date of validation of the competition referred to in paragraphs 1 and 2. (1) the Superior Council of Magistracy shall propose to the President appointment of judges or, where appropriate, the Prosecutor of the candidates.
  

(4) the provisions of article 4. 30 paragraph 2. (6) shall apply accordingly.
  

(5) Repealed.
  

— — — — — — — — — — — —-. (5) article. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.

(6) Repealed.
  

— — — — — — — — — — — —-. (6) article. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.

(7) Repealed.
  

— — — — — — — — — — — —-. (7) article. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.

(7) Repealed.
  

— — — — — — — — — — — —-. (8) article. 33 was repealed by article in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.

(9) be repealed.
  

— — — — — — — — — — — —-. (9) article. 33 was repealed by article in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.

(10) Repealed.
  

— — — — — — — — — — — —-. (10) of article 1. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 1) Repealed.
— — — — — — — — — — — —-. (10 ^ 1), art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 2) Repealed.
— — — — — — — — — — — —-. (10 ^ 2) of art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 3) Repealed.
— — — — — — — — — — — —-. (10 ^ 3) of art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 4) Repealed.
— — — — — — — — — — — —-. (10 ^ 4) art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 5) Repealed.
— — — — — — — — — — — —-. (10 ^ 5) of art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 6) Repealed.
— — — — — — — — — — — —-. (10 ^ 6) of art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.
(10 ^ 7) Repealed.
— — — — — — — — — — — —-. (10 ^ 7) of art. 33 has been repealed by article 16. in EMERGENCY ORDINANCE No. 46 of 16 April 2008, published in MONITORUL OFICIAL nr. 323 of 24 April 2008.

(11) the President of Romania may refuse once the appointment of judges and prosecutors as referred to in paragraph 1. (1) refusal are motivated as soon as the Superior Council of Magistracy.
  

(12) the Superior Council of Magistracy claims its initial proposal, has an obligation to provide the option to notify without delay to the President of Romania.
  

(13) After appointment to the position of judge or Prosecutor, the persons referred to in paragraph 1. (1) are required to follow a period of 6 months, a training course within the framework of the National Institute of Magistracy, which will include the elements of Community law.
  

— — — — — — — — — — — —-. (13) article. 33 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(14) the persons appointed under this article may not be delegated, unshackled, transferred and cannot promote to other courts or public prosecutor's offices for at least 3 years of the appointment.
  

-------------

Paragraphs 1 and 2. (14) article. 33 was amended by paragraph 4 of art. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 of 15 April 2008, which amends section 3 of article 9. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(15) the judges of the Constitutional Court which, at the date of the appointment, they had the post of judge or Prosecutor shall have the right, upon the termination of the mandate, to return to the post held previously.
  


Article 34 (1) before starting to perform, the judges and prosecutors lodged the following oath: "I swear to respect the Constitution and laws of the country, to appear on fundamental rights and freedoms of the person, to fulfill my duties with honor, conscience and without bias. So help me God! " Referring to the deity of the formula of the oath are changing according to the religious faith of judges and prosecutors and is optional.
  

(2) the refusal of the oath, law, invalidity of the appointment in Office.
  

(3) the oath shall be filed in solemn sitting in front of the judges of the Court or, where appropriate, the prosecution of prosecutors who had been appointed the judge or Prosecutor, after reading the notice of appointment.
  

(4) the oath shall be recorded in minutes which shall be signed by the head of Department or, where appropriate, of the public prosecutor's Office and two of the judges or prosecutors present as well as the one who took the oath.
  

(5) the oath is not required if the transfer or promotion to a different Prosecutor judge times function.
  


Chapter IV training and assessment of judges and prosecutors in article 35 (1) continuous training of judges and prosecutors shall constitute the guarantee of independence and impartiality in the exercise of the function.
  

(2) continuing vocational training should take account of the dynamics of the legislative process and consist primarily in knowledge and deepening domestic laws, European and international documents to which Romania is a party, the jurisprudence of the courts and the Constitutional Court, the European Court of human rights and the Court of Justice of the European communities, of the right ethical rules compared in the multidisciplinary approach of the novelty, as well as the knowledge and deepening of some foreign languages and computer operation.
  


Article 36 the responsibility for the training of judges and prosecutors is the responsibility of the National Institute of magistrates, prosecutors or courts leaders at which they operate, as well as every judge and Prosecutor, through individual training.


Article 37 (1) judges and prosecutors participate at least once every 3 years, to continue training programs organized by the National Institute of Magistracy, of institutions of higher education in the country or abroad or to other forms of professional development.
  

(2) judges and prosecutors are required to follow within the training programmes an intensive course for learning or deepening a foreign language and a crash course for the initiation or deepening your knowledge of computer operation organized by the National Institute of magistrates or courts or public prosecutor's offices, institutions of higher education in the country or abroad as well as other specialized institutions.
  

(3) the Superior Council of Magistracy will approve annually, on a proposal from the National Institute of magistrates, the training of judges and prosecutors.
  

(4) training of judges and prosecutors shall be carried out taking into account the necessity of their specialization.
  


Article 37 ^ 1 (1) accommodation and meals Expenses of judges, prosecutors, legal specialist staff assimilated to judges and prosecutors, auditors, personnel training; 108 of law No. 304/2004 on the organisation, republished, with subsequent amendments and additions, participating in training activities organized by the National Institute of Magistracy shall be borne by the budget of this institution.

(2) the maximum ceiling of expenditure referred to in paragraph 1. (1) shall be determined by decision of the President of the Superior Council of Magistracy, on a proposal from the National Institute of Magistracy.
  

(3) transport expenses of judges, prosecutors, legal specialist staff assimilated judges and prosecutors participating in training activities organized by the National Institute of Magistracy shall be borne by the budget of the institutions where they meet the basic function.
  

(4) transportation expenses of Auditors and training staff of the National Institute of Magistracy, participating in training activities organized by the National Institute of Magistracy shall be borne by the budget of this institution.
  

(5) judges, prosecutors, legal expert staff assimilated to judges and prosecutors, auditors, as well as training staff participating in training activities organized by the National Institute of Magistracy shall not receive expense of a delegation from the institutions where they meet the basic function.
  

(6) transportation expenses of the members of the Scientific Council of the National Institute of magistrates who have no domicile in Bucharest shall be borne by the budget of the National Institute of Magistracy.
  

— — — — — — — — — — — —-. (6) article. 37 ^ 1 was introduced by section 2 of article in law No. 118 of April 24, 2009, published in MONITORUL OFICIAL nr. 285 of 30 April 2009 to supplement paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.
------------
Art. 37 ^ 1 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.


Article 38 (1) within each court of appeal and within each flooring to the Court of appeal shall periodically organise training activities continue, including consultation, debates, seminars, sessions or round tables, with the participation of the National Institute of Magistracy. Their theme is approved by the Superior Council of Magistracy.
  

(1 ^ 1) Expenses related to the organisation of the activities referred to in paragraph 1. (1) including those regarding accommodation, meals and transportation of personnel and training of participants, shall be borne by the budget of the Court of appeal or, as the case may be, of the public prosecutor's Office attached to the Court of appeal.
— — — — — — — — — — —-. (1 ^ 1), art. 38 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.
(1 ^ 2) The maximum ceiling of expenditure referred to in paragraph 1. (1 ^ 1) shall be determined by order of the Minister of Justice, the general prosecutor's Office of the High Court of Cassation and justice.
— — — — — — — — — — — —-. (1 ^ 2) of art. 38 amended by point 3 of article in law No. 118 of April 24, 2009, published in MONITORUL OFICIAL nr. 285 of 30 April 2009 amending section 5 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.
(1 ^ 3) Expenditure on training personnel involved in the activities referred to in paragraph 1. (1) shall be borne by the budget of the Court of appeal or, as the case may be, of the public prosecutor's Office attached to the Court of appeal. The provisions of article 108 paragraphs 1 and 2. (3) of law No. 304/2004, republished, with subsequent amendments and additions, shall apply accordingly.
— — — — — — — — — — —-. (1 ^ 3) of art. 38 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.
(1 ^ 4) Judges, prosecutors, as well as training staff participating in the activities referred to in paragraph 1. (1) do not receive maintenance of delegation from the institutions where they meet the basic function.
— — — — — — — — — — —-. (1 ^ 4) art. 38 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 195 of 25 November 2008, published in MONITORUL OFICIAL nr. 825 of 8 December 2008.

(2) the President of the Court of appeal or, where appropriate, the prosecutor general's Office of the Court of appeal shall designate the judges and prosecutors, respectively, responsible for organizing the activity of professional training of judges and prosecutors of the Court of appeal and the courts of its constituency, i.e. the public prosecutor's Office attached to the Court of appeal and subordinate prosecutors ' offices.
  


Article 39


(1) to verify that the criteria of professional competence and the performance of judges and prosecutors are subject to every three years an evaluation concerning the efficiency, quality and integrity, the obligation to continue training and specialization courses for graduation, and if judges and prosecutors appointed in leadership positions, and how to perform the managerial duties.
  

(2) the evaluation of judges and prosecutors shall be 2 years from appointment to the Office.
  

3. the assessment referred to in paragraph 1. (1) shall be made by committees established by Decree of the Superior Council of Magistracy, for judges and prosecutors, the President of the Court or, where appropriate, the public prosecutor's Office, Department or Division within the Prosecutor's Office attached to the High Court of Cassation and justice or national anti-corruption Directorate, as well as two judges or public prosecutors appointed by the College of management.
  

(4) in order to assess the prosecutors ' committees within the Directorate for investigating organized crime and terrorism and the national Anticorruption Directorate form part and general prosecutor's Office of the High Court of Cassation and justice and the Chief Prosecutor of the national anti-corruption Directorate responsible directly for the performance of these structures.
  

(5) criteria for the evaluation of professional activity of judges and prosecutors are set out in annex *) which is an integral part of this law.
  

— — — — — — — — — — — — *) according to art. III of title XVII of the Act nr. 247/2005, the expiry referred to in art. Paragraph 5. (2) the annex to law No. 303/2004, as amended, is repealed.

(6) the regulation on the evaluation of professional activity of judges and prosecutors shall be approved by a decree of the Superior Council of Magistracy.
  


Article 40 (1) by the evaluation report of the activities of the judge or Prosecutor and the opinions of the committees referred to in article 1. 39 in paragraph 1. (3) or (4), may be one of the qualifiers: "very good", "good", "satisfactory" or "unsatisfactory".
  

(2) Judges or prosecutors dissatisfied with the grade awarded can make the appropriate section of the notice of opposition to the Superior Council of magistrates, within 30 days of the communication.
  

(3) in dealing with the opposition, the Superior Council of Magistracy departments may require the driver to the Court or prosecutor or commissions persons times. 39 in paragraph 1. (3) or (4) any information they consider necessary, and the attendance of the judge or Prosecutor in order to be heard.
  

(4) decisions of the precinct may be appealed to the plenum of the Supreme Council of Magistracy. Decisions of the plenum of the Supreme Council of Magistracy, as a Court of law, shall be final and irrevocable.
  


Article 41 (1) judges and prosecutors receiving notation "unsatisfactory" are obliged to follow for a period between 3 and 6 months special courses organized by the National Institute of Magistracy.
  

(2) judges and prosecutors who receive the grade of "satisfactory" in the wake of two consecutive evaluations are required to follow for a period between 3 and 6 months special courses organized by the National Institute of Magistracy.
  

(3) the courses specified in paragraph 2. (1) and (2) shall end by supporting an examination, under the present law.
  

(4) the judge or prosecutor who receives as a result of the two consecutive evaluations notation "unsatisfactory" or who has not passed the examination referred to in paragraph 1. (3) is dismissed for professional incapacity by the President of Romania, at the initiative of the Superior Council of Magistracy.
  


Article 42 (1) the evolution of her career as a judge or Prosecutor shall be recorded in the information package, which shall be drawn up and kept by the Superior Council of Magistracy.
  

(2) the data contained in the dossier is confidential, professional as provided by law.
  

(3) judges and prosecutors have access to your file and may obtain copies of existing documents in the file.
  


Chapter V promotion of judges and prosecutors and the appointment of managerial functions in section 1 promotion to tribunals, courts of appeal and the parquet Article 43 (1) the promotion of judges and prosecutors is done only through competition organized nationally, within the limits of the existing vacancies in the courts and courts of appeal or, where appropriate, to the public prosecutor's offices.
  

(2) for the promotion of judges and prosecutors shall be held annually or whenever necessary, the Superior Council of Magistracy, through the National Institute of Magistracy.
  

(3) the Commission for the promotion of judges is made up of judges of the High Court of Cassation and justice, the judges of the Court of appeal, and trainers from the National Institute of Magistracy, appointed by decision of the higher magistrates Council, on a proposal from the National Institute of Magistracy.
  

(4) the Commission for the promotion of prosecutors is comprised of prosecutors from the public prosecutor's Office attached to the High Court of Cassation and justice, prosecutors from the public prosecutor's Office attached to the courts of appeal and trainers from the National Institute of Magistracy, appointed by decision of the higher magistrates Council, on a proposal from the National Institute of Magistracy.
  

(5) the date, place, manner of conducting the competition and vacancies for the contest shall communicate to all judges and prosecutors, the Court of appeal and Prosecutor's offices, and will be published on the website of the Superior Council of magistrates, the National Institute of Magistracy, the Prosecutor's Office attached to the High Court of Cassation and justice, and in three central daily at least 60 days before the date set for the competition.
  


Article 44 (1) can participate in the contest or promotion to the next higher courts national prosecution judges and prosecutors who had the notation "very good" at the last assessment, no disciplinary action has been sanctioned in the past 3 years and meet the following minimum conditions of seniority: 5 years of seniority) the Office of judge or Prosecutor, to promote the functions of court or tribunal judge and Prosecutor at the Prosecutor's Office attached to the Court or Prosecutor's Office specialized Tribunal;
  

b) 6 years old to the position of judge or Prosecutor, to promote the functions of Court of appeals judge and a Prosecutor from the public prosecutor's Office;
  

c) 8 years seniority in the post of judge or Prosecutor, for promotion to the post of public prosecutor at the Prosecutor's Office attached to the High Court of Cassation and justice.
  

(2) the legal effects Ceased.
  

— — — — — — — — —-. (2) of article 9. 44 ceased legal effects as a result of the acceptance of unconstitutionality exception by decision of the CONSTITUTIONAL COURT No. 785 of 12 May 2009, published in MONITORUL OFICIAL nr. 404 from June 15, 2009.

(3) the Superior Council of Magistracy will verify compliance with the conditions laid down in paragraph 1. 1. Article 45 judges and prosecutors which fulfil the conditions laid down in article 21. 44 may participate in the contest, in order to promote, within the limit of the number of posts as approved annually by the Superior Council of Magistracy.


Article 46 (1) promotional Contest consists in evidence by, with theoretical and practical character.
  

(2) the samples consist of: a) depending on the specialization, one of the following subjects: criminal law, civil law, commercial law, administrative law, financial and fiscal law, labour law, family law, international private law;
  

b) case law of the High Court of Cassation and justice and the jurisprudence of the Constitutional Court;
  

c) Court of human rights and the European Court of Justice of the European communities;
  

d) civil procedure or criminal procedure, depending on the specialization of the judge or Prosecutor.
  

(3) the procedure for the conduct of the contest, including the procedure for appeals on election results is provided in the regulation on the Organization and conduct of the competition for the promotion of judges and prosecutors.
  

(4) the provisions of article 4. 30 paragraph 2. (6) shall apply accordingly.
  


Article 47 no later than 30 days after the submission of the results, the Superior Council of Magistracy has, through determination, promotion of judges and prosecutors declared admitted.


Section 2 Appointment in positions of leadership within the courts, tribunals, courts of appeal and prosecutors ' offices corresponding to Article 48 (1) appointment to the positions of President and Vice-President to the judges, the courts, specialized tribunals and courts of appeal shall only be made by competition or exam organized, whenever necessary, of the Superior Council of Magistracy, through the National Institute of Magistracy.
  

(2) can participate in the competition or exam judges who "very well" since the last assessment, no disciplinary action has been sanctioned in the past 3 years and meet the conditions of seniority provided for by law.
  


(3) the judges lay candidates accompanied by any other documents considered relevant, within 20 days after the publication date of the competition or examination, the National Institute of Magistracy.
  

(4) the examination consists in the Contest or the presentation of a project concerning the exercise of the powers specific to the tool and in evidence by management, communication, human resources, applicant's capacity to take decisions and assume responsibility, resistance to stress and a psychological test.
  

(5) the examination Board is called the higher magistrates Council, on a proposal from the National Institute of Magistracy, and consists of 2 Justices of the High Court of Cassation and justice, two judges of the Court of appeal, and three experts in management and institutional organization. After the establishment of the commissions will be taken into account, primarily, those judges who have attended management courses.
  

(6) the date, place, and the Regulation on the organisation of the competition or examination developed by the National Institute of Magistracy shall be approved by the Superior Council of Magistracy and is displayed on the website of the National Institute of Magistracy, Ministry of Justice, the Superior Council of Magistracy and courts at Headquarters, at least 30 days before the date of its deployment.
  

(7) the Superior Council of Magistracy shall validate the result of competition or examination and appoints judges in leading positions within 15 days from the date of posting the final results. The provisions of article 30 paragraph 2. (6) shall apply accordingly.
  

(8) the appointment of judges who have achieved the best result in the competition or, where appropriate, have been declared admitted to the exam for which the candidate is made for a period of 3 years, with possibility of reînvestirii, one time only, under the conditions laid down in paragraph 1. (1) (9) appointment of judges in other leadership positions is done over a period of 3 years, with possibility of reînvestirii once, by the Superior Council of magistrates, at the proposal of the President of the Court.
  

(10) cannot be called into leadership positions those judges who were part of the intelligence services before 1990 or collaborated with these times those judges who have a personal interest, that influence or may influence the performance of objectivity and impartiality with the powers provided by law.
  

(11) the judges participating in the competition or exam, as well as those proposed for a managerial post are required to give an affidavit indicating that there were part of the intelligence services before 1990, nor have collaborated with them, and a declaration of interests which will be updated annually or within 15 days of the occurrence of a change or the date on which the judge took notice of the about it.
  

(12) prior to appointment in positions of leadership, National Council for analyzing the Security check and communicate, within 15 days of the request of the Superior Council of magistrates, whether the judge was part of the intelligence services before 1990 or collaborated with them.
  

(13) the Track driving vacancies of the courts shall be public and available on the website of the Superior Council of magistrates, the National Institute of Magistracy and Ministry of Justice, as well as through the display at the offices of the courts.
  

(14) the appointment of the management according to the provisions of this article shall be made no later than 6 months after the date on which they become vacant.
  


Article 49 (1) the appointment in the Attorney general's Office of the Court of appeal, the Prosecutor's Office of the Court, the Prosecutor's Office of the Court for minors and the family or the Prime-Prosecutor's Office and a court and the Deputy shall only be made by competition or exam organised whenever necessary , the Superior Council of Magistracy, through the National Institute of Magistracy.
  

(2) can participate in the competition or exam prosecutors who "very well" since the last assessment, no disciplinary action has been sanctioned in the past 3 years and meet the conditions of seniority provided for by law.
  

(3) Prosecutors lay candidates accompanied by any other documents considered relevant, within 20 days after the publication date of the competition or examination, the National Institute of Magistracy.
  

(4) the provisions of article 4. 48 para. (4) shall apply accordingly.
  

(5) the examination Board is called the higher magistrates Council, on a proposal from the National Institute of Magistracy, and consists of 2 prosecutors from the public prosecutor's Office attached to the High Court of Cassation and justice, prosecutors from the public prosecutor 2, the appeal courts and 3 specialists in management and institutional organization. After the establishment of the commissions will be taken into account, primarily, the prosecutors who attended management courses.
  

(6) the date, place, and the Regulation on the organisation of the competition or examination developed by the National Institute of Magistracy shall be approved by the Superior Council of Magistracy and is displayed on the website of the Prosecutor's Office attached to the High Court of Cassation and justice, the National Institute of Magistracy, the Superior Council of magistrates, the Justice Ministry and Prosecutor's offices, with at least 30 days before the date of its deployment.
  

(7) the Superior Council of Magistracy shall validate the result of competition or examination and appoints the prosecutors leading functions within 15 days from the date of posting the final results. The provisions of article 30 paragraph 2. (6) shall apply accordingly.
  

(8) the appointment of prosecutors who have achieved the best result in the competition or, where appropriate, have been declared admitted to the exam for which the candidate is made for a period of 3 years, with possibility of reînvestirii, one time only, under the conditions laid down in paragraph 1. (1) (9) the appointment in other leadership positions at the parquet is made for a period of 3 years, with possibility of reînvestirii once, the higher magistrates Council, on a proposal from the prosecutor general's Office of the High Court of Cassation and justice.
  

(10) For appointment to the positions of leadership referred to in paragraph 1. (9) it is necessary to follow the Prosecutor's recommendation of the driver where to be named Prosecutor.
  

(11) the provisions of article 4. 48 para. (10) to (12) and (14) apply properly and if the appointment of prosecutors in leadership functions.
  

(12) the Obvious driving vacancies from parquet is available publicly and permanently on the Internet pages of the Prosecutor's Office attached to the High Court of Cassation and justice, the Superior Council of magistrates, the National Institute of Magistracy and Ministry of Justice, as well as through the display at the offices of prosecutors ' offices.
  


Article 50 (1) For the appointment in leadership positions, are necessary in the following circumstances: (a) the minimum age) for the Office of President and Vice-President of the Court, the Prosecutor's Office of the Court and the Deputy Prime Minister, a 5-year-old to the post of judge or Prosecutor;
  

(b)) for the Office of President and Vice-President of the Court or tribunal, as well as Chairman of the Department at the courthouse, Prosecutor for the Prime office or Court Office of the Court for minors and the family, Deputy Prime Minister and Chief of the Prosecutor's Office of the tribunal or court prosecution for minors and family , a 6-year-old in the Office of judge or Prosecutor;
  

(c)) for the Office of President, Vice-President, Chairman of the Department at the appeal court, the prosecutor general's Office of the Court of appeal and Deputy Prime Minister, head of the Prosecutor's Office of the Court of appeal, an 8-year-old to the position of judge or Prosecutor.
  

(2) the legal effects Ceased.
  

— — — — — — — — —-. (2) of article 9. 50 and ended the legal effects as a result of the exception of unconstitutionality acceptance by decision of the CONSTITUTIONAL COURT No. 176 of 26 March 2014, published in MONITORUL OFICIAL nr. 351 from May 13, 2014.

(3) For appointment to the positions of leadership, the judge and the Prosecutor should have the right to work at the Court or, where appropriate, the Prosecutor's Office to be appointed to the position of leadership.
  


Article 51 (1) upon the termination of the mandate of the leadership function of judges or prosecutors can handle, under the conditions provided for in art. 48, 49 and 50, a managerial post in the same court or to the same or another court flooring or parquet times return to the courts or the public prosecutor where they come from or to a court or parquet floors where they have the right to operate according to law.
  

(2) the revocation of the driving of the judges of the Superior Council of magistrates, ex officio or upon the proposal of the President of the General Assembly or of the Court, for the following reasons: a) in the event that no longer meet one of the conditions for appointment to the position of leadership;
  


b) in the case of improper exercise of managerial duties for the Organization, conduct and communication efficiency, assuming responsibilities and managerial skills;
  

c) where any of the disciplinary sanctions.
  

(3) The verification of the effective organization of the activity will be concerned mainly with the following criteria: appropriate use of human and material resources, needs assessment, crisis management, invested resources report-results obtained, information management, training and professional improvement of organization and the distribution of tasks within the courts or prosecutors.
  

(4) to verify the behaviour and communication will be taken into account, primarily, behaviour and communication with judges, prosecutors, support staff, litigants, people involved in the Act of Justice, other institutions, the media, ensuring access to information of public interest within the Court or Prosecutor and transparency of management.
  

(5) verification of ownership responsibility will be concerned primarily the duties provided by law and regulations, the implementation of national strategies and sequential in justice and respect for the principle of random distribution, or, where appropriate, of the apportionment on objective causes.
  

(6) verification of managerial skills will be taken into account, mainly organizing ability, quick decision-making ability, resistance to stress, autoperfecţionarea, analysis, synthesis, foresight, strategy and planning on short, medium and long term, initiative and adaptability.
  

(7) Revoking the driving prosecutors ordering the Superior Council of magistrates, ex officio or upon a proposal by the General Assembly or to the Prosecutor's driver, for the reasons set out in paragraph 1. (2) apply accordingly.
  


Section 3 of the promotion to the post of judge of the High Court of Cassation and justice and the appointment in positions of leadership within the High Court of Cassation and justice, Prosecutor's Office attached to the High Court of Cassation and justice and the national anti-corruption Directorate in article 52 (1) promotion in the Office of judge of the High Court of Cassation and justice shall be made only through competition organized whenever necessary within the limits of vacancies by the Superior Council of Magistracy, through the National Institute of Magistracy.
  

(2) the date, place, manner of conducting the competition and vacancies for the contest shall be communicated to all judges and prosecutors, the Court of appeal by the public prosecutor of the Court of appeal, and by Prosecutor High Court of Cassation and justice, and shall be published on the website of the Superior Council of magistrates, the National Institute of Magistracy , the High Court of Cassation and justice, the public prosecutor's Office attached to the High Court of Cassation and justice, as well as in Central, with 3 daily for at least 40 days before the date set for the competition.
  

— — — — — — — — — — —-. (2) of article 9. 52 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012, published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

(3) can participate in the contest of the promotion to the post of judge of the High Court of Cassation and justice, judges and prosecutors who have at least the rank of Court of appeal or flooring to the Court of appeal, which has been effective for at least three years the post of judge at the Court of appeal or by the public prosecutor at the Prosecutor's Office attached to the Court of appeals Prosecutor's Office attached to the High Court of Cassation and justice , won the qualifier «very good» at last 3 ratings, were never punished disciplinary *) and have a work experience in the Office of judge or Prosecutor for at least 15 years.
  

— — — — — — — — — — — —-. (3) art. 52 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012, published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

(4) the provisions of article 4. 48 para. (10) to (12) shall apply accordingly.
  

(5) the Superior Council of Magistracy shall verify that the conditions laid down in this article.
  

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Art. 52 was amended by section 1 of article. 1 of law No. 300 of 23 December 2011, published in MONITORUL OFICIAL nr. 925 of 27 December 2011.


Article 52 ^ 1 (1) applications for entry in the contest for the promotion to the post of judge of the High Court of Cassation and justice shall include an indication of the candidacy is submitted.
  

(2) the promotion in the Office of judge of the High Court of Cassation and justice shall consist of: a) a probationary period with the object of evaluation documents prepared by candidates or which relate to their activities;
  

b) an interview in front of the plenum of the Supreme Council of Magistracy;
  

c) of a written test with practicality.
  

— — — — — — — — — — —-. (2) of article 9. 52 ^ 1 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

(3) the competition Commissions are appointed by decision of the higher magistrates Council, on a proposal from the National Institute of Magistracy.
  

— — — — — — — — — — —-. (3) art. 52 ^ 1 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

(4) the competition Commissions are made up of judges of the High Court of Cassation and justice, professors from the faculties of law of the universities of advanced research and education, as these are classified under art. 193 para. (4) (a). c) of the law of national education no. 1/2011, as amended and supplemented, and the trainers of the National Institute of Magistracy.
— — — — — — — — — —-. (4) article. 52 ^ 1 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

(5) the members of the committees referred to in paragraph 1. (3) may not have political affiliation at the time of the formation of the commissions.
  

(6) Repealed.
  

— — — — — — — — — — — —-. (6) article. 52 ^ 1 was repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

(7) cannot be members of the committees referred to in paragraph 1. (3) persons who have spouse, relatives up to affine times fourth degree inclusive among the candidates.
  

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Art. 52 ^ 1 was introduced by section 2 of art. 1 of law No. 300 of 23 December 2011, published in MONITORUL OFICIAL nr. 925 of 27 December 2011.


Article 52 ^ 2 (1) within the sample. 52 ^. (2) (a). at the request of committees), the Superior Council of Magistracy will seek through the courts of appeal or, where appropriate, the Prosecutor of the Court of appeal, the times's Office of the High Court of Cassation and justice, judgments or, where appropriate, documents prepared by the candidates or regarding their activities over the last 5 years, as well as other data necessary to assess according to this law.
  

(2) any person may transmit the commissions competition acts of nature to those specified in paragraph 2. (1), drawn up by the candidates, which can be analyzed in the context of proof with the object of evaluation documents prepared by candidates or concerning their activities.
  

(3) applications for entry to the competition will be published on the website of the Superior Council of the Magistracy and the High Court of Cassation and justice, accompanied by a notice by which it brings to the attention of the public the opportunity to anyone to pass the competition commissions acts of nature to those specified in paragraph 2. (1), drawn up by the candidates, as well as the time limit within which they may be sent.
  

(4) the acts referred to in paragraph 1. (1) shall be published on the website of the Superior Council of Magistracy, in compliance with the legal provisions concerning the protection of personal data, to be the subject of public debate for a period of 7 days from publication. Complaints or comments received on the part of public opinion can be taken into account in the assessment of the competition committees.
  

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Art. 52 ^ 2 was amended by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.


Article 52 (1) ^ 3 for candidates to be judges, assessment provided for in article 10. 52 ^ 2 aims at: (a) the suitability of) analysis and synthesis;
  

b verification of the consistency of expression);
  

c) argumentaţiei the verification from the point of view of clarity and logic;
  

d) repealed;
  

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Lit. d) of paragraph 2. (1) of article 1. 52 ^ 3 has been repealed by section 5 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

e) repealed;
  

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Lit. s) para. (1) of article 1. 52 ^ 3 has been repealed by section 5 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

f) repealed;
  

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Lit. f) of paragraph 2. (1) of article 1. 52 ^ 3 has been repealed by section 5 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

g) repealed;
  

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Lit. g) of paragraph 1. (1) of article 1. 52 ^ 3 has been repealed by section 5 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

h) repealed;
  

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Lit. h) of paragraph 1. (1) of article 1. 52 ^ 3 has been repealed by section 5 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

I) repealed;
  

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Lit. I) para. (1) of article 1. 52 ^ 3 has been repealed by section 5 of art. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.

j) verifying compliance with reasonable deadlines for settling cases and drafting of judgments.
  

(2) the provisions of paragraphs 1 and 2. (1) apply properly and the assessment of the candidates referred to in article prosecutors 52 ^ 2.
  

(3) in the assessment procedure, committees may require candidates contest explanation regarding any matter subject to evaluation.
  

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Art. 52 ^ 3 was introduced by section 2 of art. 1 of law No. 300 of 23 December 2011, published in MONITORUL OFICIAL nr. 925 of 27 December 2011.


Article 52 (1) ^ 4 within the sample of the interview, the plenum of the higher magistrates Council evaluates issues relating to the integrity of the candidates.
  

(2) At the plenary meeting of the Superior Council of Magistracy in which it is claimed will attend the interview with the advisory role, and a psychologist appointed by the plenary, which will be able to put questions to candidates to assess motivation and human and social skills.
  

(3) the assessment of the candidates ' integrity is done on the basis of the report drawn up by the Judicial Inspection under this aspect, as well as the replies received from the candidate questions put it on the basis of this report, existing data in the folder, the documents submitted by the candidate, the candidate relates to values such as independence of the judiciary, impartiality, and integrity of the judiciary aspects raised during the discussions.
  

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Art. 52 ^ 4 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.


Article 52 ^ 5 (1) the maximum score that can be attributed to the evidence referred to in article 1. 52 ^. (2) is 100 points, distributed as follows: a) 40 points for sample referred to in art. 52 ^. (2) (a). a);
  

b) 20 points for sample referred to in art. 52 ^. (2) (a). b);
  

c) 40 points for sample referred to in article 1. 52 ^. (2) (a). c). (2) the minimum Score to be admitted in evidence pursuant to article 114. 52 ^. (2) is as follows: a) 28 pts for sample referred to in art. 52 ^. (2) (a). a);
  

b) 14 points to the sample referred to in art. 52 ^. (2) (a). b);
  

c) 28 pts for sample referred to in art. 52 ^. (2) (a). c). (3) the minimum Score to be admitted to the contest is 70 points.
  

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Art. 52 ^ 5 was amended by point 7 of article. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.


Article 52 (1) ^ 6 Sample written article. 52 ^. (2) (a). c) consists 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 law, financial law and tax and employment law;

b) Court of human rights and the European Court of Justice of the European Union;
  

c) civil procedure or criminal procedure, depending on the specialization of judges in times of the Prosecutor.
  

(2) in the preparation of topics for the sample referred to in paragraph 1. (1) shall have regard to the case-law of the High Court of Cassation and justice and the Constitutional Court.
  

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Art. 52 ^ 6 was amended by section 8 of article. From the EMERGENCY ORDINANCE nr. 81 of 4 December 2012 was published in MONITORUL OFICIAL nr. 837 of 12 December 2012.


Article 52 ^ 7 (1) not later than 15 days following the submission of the results of the competition for promotion to the post of judge of the High Court of Cassation and justice, the Superior Council of Magistracy (SCM) has, by decision, promoting candidates declared admitted.
  

(2) the procedure of the contest of the promotion in the Office of judge of the High Court of Cassation and justice, including the procedure for appeals on election results shall be determined by the regulation approved by the Superior Council of magistrates, in accordance with this law, by decision which shall be published in the Official Gazette of Romania, part I.
  

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Art. 52 ^ 7 was introduced by section 2 of art. 1 of law No. 300 of 23 December 2011, published in MONITORUL OFICIAL nr. 925 of 27 December 2011.


Article 53 (1) the President, the Vice-President and the Presidents of the sections of the High Court of Cassation and justice shall be appointed by the President of Romania, at the initiative of the Superior Council of magistrates, judges of the High Court of Cassation and justice, who worked in this instance at least 2 years.
  

(2) the President of Romania may refuse the appointment in positions of leadership referred to in paragraph 1. (1) than to a knowledge driven, bringing higher magistrates Council the reasons for refusal.
  

(3) appointment to the functions specified in paragraph 2. (1) for a period of 3 years, with possibility of reînvestirii.
  

(4) the provisions of article 4. 48 para. (10) to (12) shall apply accordingly.
  

(5) judges of the High Court of Cassation and justice, which satisfies the conditions laid down in paragraph 1. (1) may submit nominations for the Office of President or Vice President of the High Court of Cassation and Justice Department, President of the times at the Superior Council of magistrates, within 30 days after the date on which the Office of President, Vice-President or President of the ward became a holiday.
  

(5 ^ 1) If the President or Vice President of the High Court of Cassation and Justice Department Chairman times become vacant in consequence of expiry of the presidential mandate is submitted candidacy at least 30 days before the expiry of the term, but no earlier than 60 days until the function is going to be on vacation.
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Alin. (5 ^ 1), art. 53 was introduced by art. in the EMERGENCY ORDINANCE nr. 48 of 21 may 2013, published in MONITORUL OFICIAL nr. 303 of 28 may 2013.

(6) the revocation of the President, the Vice-President or the Presidents of the sections of the High Court of Cassation and justice shall be made by the President of Romania at the initiative of the Superior Council of Magistracy, which may refer the matter ex officio, at the request of one third of the members or at the request of the General Assembly of the Court, for the reasons set out in art. 51 para. (2) apply accordingly.
  


Article 54 (1) the Attorney general's Office of the High Court of Cassation and justice, and his Deputy, Deputy Chief Prosecutor of the national anti-corruption Directorate, its deputies, heads of Department prosecutors of such Attorney's offices, as well as head of the Directorate for investigating organized crime and terrorism and their deputies are appointed by the President of Romania, at the recommendation of the Minister of Justice with the opinion of the Superior Council of Magistracy, of prosecutors who have a length of at least 10 years in the post of judge or Prosecutor, for a period of 3 years, with possibility of reînvestirii once.
  

(2) the provisions of article 4. 48 para. (10) to (12) shall apply accordingly.
  

(3) the President of Romania may refuse appointment as motivated leadership referred to in paragraph 1. (1), bringing to the public the reasons for refusal.
  

(4) revocation of prosecutors from driving functions under paragraph 1. (1) shall be made by the President of Romania, at the recommendation of the Minister of Justice who may seize ex officio, at the request of the General Assembly or, where appropriate, the prosecutor general's Office of the High Court of Cassation and justice or the Chief Public Prosecutor of the national anti-corruption Directorate, with the opinion of the Superior Council of Magistracy, for the reasons set out in art. 51 para. (2) apply accordingly.
  


Article 55 (1) Appointment in other leadership positions within the Prosecutor's Office attached to the High Court of Cassation and justice and the national anti-corruption Directorate is done over a period of 3 years, with possibility of reînvestirii once, by the higher magistrates Council, on a proposal from the prosecutor general's Office of the High Court of Cassation and justice, or Chief Prosecutor of the national anti-corruption Directorate where appropriate.
  

(2) For appointment to the positions of leadership referred to in paragraph 1. (1) it is necessary to fold the driver's recommendation the Department, as applicable, of the Department within the Prosecutor's Office attached to the High Court of Cassation and justice or national anti-corruption Directorate, where they are to be named Prosecutor.
  


(3) the provisions of article 4. 48 para. (10) to (12) shall apply accordingly.
  

(4) Revocation of the functions of prosecutors appointed pursuant to paragraph 1. (1) the higher magistrates Council, ex officio or at the initiative of the general prosecutor's Office of the High Court of Cassation and justice, times, as appropriate, the Chief Prosecutor of the national anti-corruption Directorate, for the reasons set out in art. 51 para. (2) apply accordingly.
  

(5) the proposal referred to in paragraph 1. (4) may be made ex officio or upon referral to General meetings of the heads of sections, where appropriate, times of Division within the Prosecutor's Office attached to the High Court of Cassation and justice or national anti-corruption Directorate.
  


Article 56 termination of mandate for leadership. 53, 54 and 55, judges or prosecutors to courts or prosecutors ' offices where they come from or to a court or parquet floors where they have the right to operate according to law.


Chapter VI Delegation, posting and transfer Article 57 (1) where a court, a tribunal or a specialized tribunal cannot function normally due to the absence of temporary judges, the existence of vacancies or other such causes, the President of the Court of appeal, on a proposal from the President of that Court in Vienna that courts of appeal may delegate judges from other courts in Vienna referred to with the written consent of them.
  

(2) delegation of judges from courts of law, tribunals and specialised tribunals in another 2nd Circuit Court of appeals are available, with written consent of the latter, by the Superior Council of magistrates, at the request of the President of the Court of appeal in whose constituency demands and with the opinion of the delegation of the President of the Court of appeal where they work.
  

(3) the delegation of judges of courts of Appeal ordering, with the written consent of the latter, by the Superior Council of magistrates, at the request of the President of the Court of appeal.
  

(4) the delegation in leadership positions of judges from courts of appeal, courts of law, tribunals and judges ordering, with the written consent of the latter, by the Superior Council of Magistracy, until commanders by appointment under this law.
  

(5) the delegation leadership functions in the High Court of Cassation and justice of judges from the Court of the Superior Council of magistrates, with the written consent thereof, on a proposal from the President of the High Court of Cassation and justice.
  

(6) the delegation of judges can be done over a period of six months and may be extended with the written consent thereof, not more than 6 months.
  

— — — — — — — — — — — —-. (6) article. 57 was modified by art. From the EMERGENCY ORDINANCE nr. 59 of 27 May 2009 published in Official Gazette No. 439 of 26 June 2009.

(7) in the interests of the service, prosecutors may be delegated, with their written consent, including in leadership positions, the prosecutor-general's Office of the High Court of Cassation and justice, the Public prosecutors ' offices of the Ministry for a period not exceeding 6 months.
  

— — — — — — — — — — — —-. (7) article. 57 was modified by art. From the EMERGENCY ORDINANCE nr. 59 of 27 May 2009 published in Official Gazette No. 439 of 26 June 2009.

(8) the delegation of prosecutors may be extended by written consent, no more than 6 months.
  

— — — — — — — — — — — —-. (8) article. 57 was modified by art. From the EMERGENCY ORDINANCE nr. 59 of 27 May 2009 published in Official Gazette No. 439 of 26 June 2009.
(8 ^ 1) In the interests of the service, the magistrates may be delegated-assistants, with the written consent of their prime functions-Assistant magistrate or magistrate Assistant Chief by the President of the High Court of Cassation and justice, for a period not exceeding 6 months. Delegation-assistants of magistrates may be extended by written consent, no more than 6 months. During the delegation's assistants, magistrates-shall enjoy all the rights provided by law for the position they are delegates.
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Alin. (8 ^ 1), art. 57 was introduced by point 3 of article 1. 1 of law No. 300 of 23 December 2011, published in MONITORUL OFICIAL nr. 925 of 27 December 2011.

(9) the period for delegation of judges and prosecutors shall enjoy all the rights provided by law for the position they are delegates. When the salary and other pecuniary rights provided for the function in which the judge or Prosecutor is delegated are inferior, it retains bounding monthly allowances and other pecuniary rights.
  


Article 58 (1) the Superior Council of Magistracy has the posting of judges and prosecutors, with the written permission of them to other courts or public prosecutor's offices, the Superior Council of magistrates, the National Institute of Magistracy, Ministry of Justice or the subordinate units or to other public authorities, in any functions, including those of public dignitaries called at the request of such institutions, and the institutions of the European Union or by international organisations.
  

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Alin. (1) of article 1. 58 was modified by section 1 of article. From the EMERGENCY ORDINANCE nr. 50 of 28 June 2006, published in MONITORUL OFICIAL nr. 566 of 30 June 2006.

(2) the duration of the posting is between 6 months and 3 years. Posting be extended once, for a duration of up to 3 years, under the conditions laid down in paragraph 1. (1) and (3) during the period of the posting, judges and prosecutors retains the status of a judge or public prosecutor enjoys the rights provided by law for the staff seconded. When the salary and other pecuniary rights provided for the function in which it is posted to the judge or Prosecutor are inferior, it retains bounding monthly allowances and other pecuniary rights.
  

(3 ^ 1) Judges, prosecutors and persons treated as such in the seconded abroad, their actions in the interests of the service, they are entitled and have special obligations laid down by the rules of the institution to which they are posted.
— — — — — — — — — — — —-. (3 ^ 1), art. 58 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.
(3 ^ 2) In the absence of special rules laid down in paragraph 1. (3 ^ 1) staff seconded abroad shall enjoy the following rights: a monthly allowance of employment), plus any overtime pay on a permanent basis provided by law for the position held previously posting;
  

(b) the cost of transport between) settlement place of residence and place of deployment at the beginning and at the end of the deployment, as well as for making their holiday in the country;
  

c) settlement of the rent, subject to a ceiling fixed annually, according to the limit of the budget allocated for this purpose by the State budget law, by order of the Minister of Justice, the President of the Superior Council of magistrates, the President of the High Court of Cassation and justice, the prosecutor general's Office of the High Court of Cassation and justice and the Chief Prosecutor of the national anti-corruption Directorate;
  

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Lit. c) of paragraph 2. (3 ^ 2) of art. 58 was amended by section 5 of art. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 of 15 April 2008, amending section 5 of art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(d) the amount of the daily allowance), required by law to move abroad to Secretaries of State.
  

— — — — — — — — — — — —-. (3 ^ 2) of art. 58 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.
(3 ^ 3) Staff seconded abroad may benefit the country the same rights granted to the institution where it is posted.
— — — — — — — — — — — —-. (3 ^ 3) of art. 58 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(4) posting Period constitutes the Office of judge or Prosecutor.
  

(5) After the termination of the posting, the judge or the Prosecutor in the position held previously.
  


Article 59 the posting cannot be made to the courts or public prosecutor's offices of those to whom the judge or the Prosecutor has the right to operate according to law.


Article 60 Transfer judges and prosecutors from one court to another court or from a parquet flooring from other times at a public institution is approved, at the request of those concerned, by the Superior Council of Magistracy.


Article 61 (1) on a reasoned request, judges may be appointed to the position of public prosecutor, and prosecutors in the Office of judge, by the Decree of the President of Romania, at the initiative of the Superior Council of Magistracy, in compliance with the conditions laid down in this law.
  


(2) For appointment to the functions specified in paragraph 2. (1) candidates will argue for an interview in front of the judges of the Superior Council of magistrates if prosecutors asking for appointment as judges and, respectively, of the prosecutors of the Superior Council of magistrates if judges requesting appointment as Prosecutor.
  

(3) the President of Romania may not refuse the appointment functions under paragraph 1. (1) than to a knowledge driven, bringing higher magistrates Council the reasons for refusal.
  


Chapter VII the Suspension and termination of judge and Prosecutor to article 62 (1) the judge or Prosecutor is suspended from his duties in the following cases: (a)) when he was sent to trial for committing a crime;
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 62 was amended by paragraph 4 of art. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
the ^ 1) when compared to the ordered imprisonment or house arrest;
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Lit. the ^ 1) para. (1) of article 1. 62 was introduced by section 5 of art. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

b) when suffering from a mental disease that prevented him from exercising the function properly.
  

c) when it was sanctioned in article texts. 100 lit. d).
  

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Lit. c) of paragraph 2. (1) of article 1. 62 was introduced by section 2 of art. 1 of law No. 24 of 17 January 2012 published in MONITORUL OFICIAL nr. 51 of 23 January 2012.
(1 ^ 1) Notwithstanding the provisions of paragraph 1. (1) (a). the) If sending to court intervened for an offence through negligence and it considers that it does not affect the prestige of the profession, the judge or Prosecutor may provisionally prohibit the exercise of certain powers until the final resolution of the case.
— — — — — — — — — — —-. (1 ^ 1), art. 62 was introduced by paragraph 6 of article 19. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) the suspension from Office of judges and prosecutors and a provisional ban on the exercise of certain powers of the thigh by the Superior Council of Magistracy.
  

— — — — — — — — — — —-. (2) of article 9. Amended 62 of point 7 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) during the period of suspension, the judge and the Prosecutor did not pay is paid. This period does not constitute the judiciary.
  

(4) during the period of suspension, the judge or the Prosecutor does not apply to the provisions relating to prohibitions and incompatibilities provided for in art. 5 and 8.
  


Article 62 ^ 1 (1) the final conclusion which ordered the preventive arrest times rechizitoriul house arrest, which has ordered sending in judgment or order which ordered the abandonment of criminal proceedings with regard to a judge a Prosecutor shall be notified of times within 24 hours of the Superior Council of Magistracy.
  

(2) within three days after the final decision remained pronounced in a criminal case against a magistrate, court enforcement shall communicate to the Superior Council of magistrates on the copy of the judgment.
  

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Art. 62 ^ 1 was introduced by section 8 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 63 (1) the Superior Council of Magistracy shall immediately notify the judge or Prosecutor and senior Court Prosecutor times where it works the judgment which ordered suspension from Office.
  

(2) If it has, then the payment or cessation of the criminal trial against Judge times from Office, suspension of Attorney lapses, and he is reinstated in the previous situation, i pay money for rights that was lacking during the period of suspension from Office and i recognise the length of selected for this period.
  

(3) judges and prosecutors may be kept in activity where it was willing to dispense with criminal proceedings or if, through a definitive judgment, was willing to dispense with the application of the death penalty. Retention of the Superior Council of magistrates, whether it considers that the offence committed does not affect the prestige of the profession.
  

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Art. Amended 63 of point 9 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 64 (1) in the case referred to in article 1. 62 para. (1) (a). (b) mental illness), it is noticed through a specialized expertise, from referral to the President of the Court or the Prosecutor's driver or a driver's colleges, and suspension from Office shall be the period recommended by the Medical Committee, called pursuant to article. 14. (2) (a). e). (2) after the expiry of the period referred to in paragraph 1. (1) the Superior Council of magistrates on the basis of new expertise, can re-suspension and cessation of the function of the judge or Prosecutor, or if the disease is irreversible, proposes dismissal according to the law.
  

(3) during the period of the suspension, the judge or Prosecutor i do pay rights to health insurance, according to the law.
  


Article 65 (1) judges and prosecutors are dismissed in the following cases: a) resignation;
  

b) retirement, according to the law;
  

c) transfer to another function, in accordance with the law;
  

d) professional incapacity;
  

as a disciplinary penalty e);
  

f) condemnation and postpone the application of the punishment ordered by a final decision;
  

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Lit. f) of paragraph 2. (1) of article 1. 65 amended by paragraph 10 of article 10. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.
f ^ 1) waiving prosecution and forgoing sentencing ordered by a final decision, if it is considered that it is not necessary according to the maintenance;
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Lit. f ^ 1) para. (1) of article 1. 65 was introduced in point 11 of article 1. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

g) infringements art. 7;
  

h) examination referred to in article nepromovarea. 33 para. (14);
  

I failure to comply with the conditions laid down in) art. 14. (2) (a). a), c) and (e)).
  

(1 ^ 1) Notwithstanding the provisions of paragraph 1. (1) (a). f), judges and prosecutors may be kept in activity where the conviction or deferred the application of the death penalty was handed down for the offence provided for in art. 196 para. (2) to (4) of the penal code. Retention of the Superior Council of magistrates, whether it considers that the offence committed does not affect the prestige of the profession.
— — — — — — — — — — —-. (1 ^ 1), art. 65 was introduced by item 12 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) dismissal of judges and prosecutors shall be ordered by the Decree of the President of Romania, at the initiative of the Superior Council of Magistracy.
  

(3) the reserve or retired military personnel of judges and prosecutors is done according to the law, after the dismissal of the President of Romania. In the event of retirement or transfer, dismissal is made after the book or, where appropriate, in retreat.
  

(4) dismissal of judges and prosecutors and trainee interns to make Superior Council of Magistracy.
  

(5) where the judge or the Prosecutor asks for dismissal by resignation, the Superior Council of Magistracy may establish a period of not more than thirty days after which the resignation to become effective, if the presence of the judge or Prosecutor is required.
  

(6) the judge or the Prosecutor dismissed for reasons not attributable to retain their professional degree acquired in the hierarchy of courts or prosecutors.
  


Article 65 ^ 1 — — — — — — — — — — — — —-. (1) of article 1. 65 ^ 1 was repealed by the sole article of law No. 77 as of April 1, 2009, published in MONITORUL OFICIAL nr. 227 of 7 April 2009, which amended section 2 of art. From the EMERGENCY ORDINANCE nr. 50 of 28 June 2006, published in MONITORUL OFICIAL nr. 566 of 30 June 2006.

(2) where, against the release from Office of judge or Prosecutor shall exercise the appeal the appeal, it will be suspended from his duties pending the final resolution of the case by the court competence.
  

(3) the provisions of article 4. 63 para. (2) and of article 23. 64 para. (3) shall apply accordingly.
  

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Art. 65 ^ 1 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 50 of 28 June 2006, published in MONITORUL OFICIAL nr. 566 of 30 June 2006.


Chapter VIII-judges-assistants of the High Court of Cassation and justice in article 66 (1) Prime magistrate-magistrates-assistants assistant chiefs and magistrates-assistants of the High Court of Cassation and justice shall enjoy stability.
  

(2) Judges shall be appointed and assistants-promoted according to the Superior Council of magistrates on the basis of competition.
  


(3) the General conditions of appointment of magistrates are those provided for workers-for the position of judge and Prosecutor.
  

(4) the provisions of this law on incompatibilities and prohibitions, continuous training and regular evaluation, rights and duties, and disciplinary responsibility of judges and prosecutors is applied properly and magistrates-assistants.
  


Article 67 (1) Prime magistrate Assistant is promoted between judges-Chief assistants with a length of at least 2 years in this function.
  

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Alin. (1) of article 1. 67 was modified by paragraph 4 of art. 1 of law No. 300 of 23 December 2011, published in MONITORUL OFICIAL nr. 925 of 27 December 2011.

(2) Judges-assistants grade III heads are promoted with assistants of magistrates-at least 3 years of service in this Office. After a period of 2 years as Chief Magistrates assistants can be registered in grade II and after other 5 years degree.
  

(3) Judges-III-assistants are appointed without competition of the judges or the prosecutors in the old judiciary for at least 4 years. After a period of 3 years in this function, the magistrates may be passed-assistants in grade II, and after the other 3 years old in the first degree.
  

(4) Judges-assistants grade III may be appointed through competition, and of lawyers, notaries, legal specialist staff; 87 para. (1) as well as of higher education legal clerks of the courts of appeal and the High Court of Cassation and justice, with a length of at least 5 years.
  

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Alin. (4) article. Amended 67 of section 6 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. April 15, 2008 294, which complements art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007, with point 5 ^ 1.


Article 68 (1) Prime magistrate Assistant shall have the following duties: a) coordinates the activity of magistrates-assistants from wards and the officials of the Chancellery of the High Court of Cassation and justice;
  

(b) take part in the meetings) Sections United High Court of Cassation and justice, and of the judges ' Panel of 9 judges, as the disciplinary court.
  

(2) Prime-Assistant magistrate has other duties laid down by the regulation on the organisation and operation of the High Court of Cassation and justice.
  


Article 69-Chief Magistrates have empowered nurses: a) attending meetings of the Court and of the judges ' Panel of 9 judges;
  

b) distributes the magistrates who attend assistants-meetings trial;
  

c) ensure keeping in good condition today and the realization of the precinct at the time of the works.
  


Article 70 Magistrates-attending meetings of workers suing precinct.


Article 71-judges-assistants attending meetings of the judgment of the High Court of Cassation and justice shall draw up decisions, participate with consultative vote in the deliberations and resolutions drafted in accordance with the apportionment made by the Chairman to all members of the Panel.


Article 72 Judges bring to fruition assistants-any other tasks entrusted to it by the President of the High Court of Cassation and justice, Vice President or President of the Division.


Title III rights and duties of judges and prosecutors in article 73 assessment of judges and prosecutors shall be made taking account of the place and the role of the judiciary in the rule of law, responsibility and the complexity of the function of judge and Prosecutor, restrictions and incompatibilities provided for by law for these functions and aims to guarantee their independence and impartiality.


Article 74 (1) For the work done, the judges and prosecutors are entitled to a remuneration fixed in relation to the level of the Court or of the Prosecutor, with the position held, with length of service in the judiciary and other criteria laid down by the law.
  

(2) the pay of judges and prosecutors cannot be reduced or suspended except in the cases provided for by the present law. Salaries of judges and prosecutors shall be fixed by special law.
  

(3) Repealed.
  

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Alin. (3) art. 74 it was repealed by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 50 of 28 June 2006, published in MONITORUL OFICIAL nr. 566 of 30 June 2006.

(4) military judges and prosecutors are military active and have all the rights and obligations arising out of this quality.
  

(5) Remuneration and other rights due to judges and military prosecutors ' ensure the Ministry of national defence, in accordance with the provisions of the legislation relating to wages and other entitlements of the staff of law enforcement agencies, the judicial authority and the rules relating to the rights and the specific quality of the money transfer active military and civilian employees of the Ministry.
  

(6) the granting of military ranks and increasing degree of military judges and prosecutors is done according to the rules applicable to permanent cadres of the Ministry of national defense.
  


Article 75 (1) the Superior Council of Magistracy shall have the right and obligation to defend judges and prosecutors against any act that might impair the independence or impartiality of the times would create suspicion about them.
  

(2) Judges or prosecutors who believe that independence and impartiality are affected in any way by acts of interference in their professional activity can address the higher magistrates Council, the necessary measures, in accordance with the law.
  


Article 76 judges and prosecutors are free to organize or join professional organisations, local, national or international, aimed at defending their professional interests, as well as those laid down in articles 81 and 82. 11(2). 3. Article 77 (1) judges and prosecutors in Office or retired, have the right to ensure special protection against threats, violence or any acts that put them in danger, families or their belongings.
  

(2) Special Protection Measures, conditions and methods of achieving them, shall be determined by decision of the Government on the proposal of the Ministry of Justice and Ministry of Interior.
  


Article 78 (1) judges and prosecutors shall receive compensation budget funds granted from the High Court of Cassation and justice, the Ministry of Justice, of the Public Prosecutor or, in the case of judges and prosecutors, Ministry of national defence funds, where the life, health goods are affected times in the performance of job duties or in connection therewith.
  

(2) the compensation referred to in paragraph 1. (1) shall be granted under the conditions laid down by decision of the Government, with the opinion of the Superior Council of Magistracy.
  

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Art. 78 was amended by section 6 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. April 15, 2008 294, which complements art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007, with point 5 ^ 2.


Article 79 (1) judges and prosecutors shall receive annual paid holidays off of 35 working days.
  

(2) judges and prosecutors are entitled to sick leave studies paid for attending courses or other training organized in the country or abroad, for the preparation and examination of PhD and capacity, as well as leave without pay, according to the regulation regarding sick leaves judges and prosecutors.
  

(3) judges and prosecutors are entitled to medical leaves and other holidays, in accordance with the legislation in force.
  

(4) Repealed.
  

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Alin. (4) article. 79 was repealed by paragraph 1. (2) of article 9. 28 of the EMERGENCY ORDINANCE nr. 148 of 3 November 2005, published in Official Gazette No. 1,008 of 14 November 2005.

(5) Repealed.
  

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Alin. (5) article. 79 was repealed by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 50 of 28 June 2006, published in MONITORUL OFICIAL nr. 566 of 30 June 2006).

(6) judges and prosecutors are entitled to rental housing. Housing service owned by the Ministry of Justice or administration and subordinate units, as well as those owned or in the administration of the Public cannot be bought by judges, prosecutors or any other employees of these institutions.
  

(7) in the case of old-age retirement, the holder of the lease referred to in paragraph 1. (6) and, where applicable, his wife husband times retains rights housing throughout life.
  


Article 80 *) judges and prosecutors shall receive annual 6 trips to the land of the free, roundtrip, the rail grade, auto, air or inland waterway and the settlement of 7.5 litres fuel percent kilometers for 6 trips in the country of return, where the movement is carried out with the vehicle.


Article 81


(1) judges and prosecutors with seniority in the judiciary continue 20 years shall be entitled, at the time of retirement or dismissal from Office for other reasons not attributable, of an allowance equal to 7 bounding gross monthly allowance, which shall be taxed according to law.
  

(2) the allowance provided for in paragraph 1. (1) is granted only once during her career as a judge or Prosecutor and recorded, according to the law.
  

(3) the procedure for calculating length of service in the judiciary continue shall be fixed by Decree of the Superior Council of Magistracy.
  

(4) the provisions of paragraphs 1 and 2. (1) apply in the case of the death of judge or Prosecutor learned at work. In this case, compensation benefits from a spouse and children in its maintenance at the time of death.
  


Article 82 *) (1) judges, prosecutors, magistrates-assistants of the High Court of Cassation and justice and legal expert staff assimilated to judges and prosecutors, as well as former judges and prosecutors and financial advisors of the accounts department who exercised jurisdictional functions in the Court of Auditors, with a length of at least 25 years in the Office of judge times Attorney Assistant, magistrate or legal specialty assimilated judges and prosecutors, and in the Office of judge or Prosecutor times Councillor of Auditors jurisdictional section of the Court of Auditors may retire upon request and are eligible, at the age of 60 years, the pension service, in the amount of 80% of the calculation basis of the allowance represented employment monthly gross or gross monthly base salary where appropriate, and the proposed increases last month of activity before the retirement date.
  

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Alin. (1) of article 1. Amended 82 of point 7 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 of 15 April 2008, which amends section 6 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(2) judges, prosecutors, magistrates-assistants of the High Court of Cassation and justice, legal expert staff assimilated to judges and prosecutors, as well as former judges and prosecutors and financial advisors of the accounts department who exercised jurisdictional functions in the Court of Auditors may retire on request before the age of 60 years and benefits from the pension provided for in paragraph 1. (1) If you have a minimum of 25 years only in the Office of judge, Prosecutor, magistrate Assistant or personal legal specialist judges, and equated to the position of judge or Prosecutor times Councillor of Auditors jurisdictional section of the Court of Auditors. In calculating this vechimi be taken into account and the periods in which the judge, the Prosecutor, the magistrate Assistant or legal expert staff assimilated to judges and prosecutors, and the judge, District Attorney and financial adviser to the chart of accounts to the Court of Auditors jurisdictional has exercised the profession of lawyer, specialist staff in the former legal State arbitrations, legal adviser or solicitor).
  

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Alin. (2) of article 9. Amended 82 of point 7 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 of 15 April 2008, which amends section 6 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 262 5 may 2016, published in MONITORUL OFICIAL nr. 385 of 20 may 2016, it was considered the plea of unconstitutionality of the provisions of art. 82 para. (2) of law No. 303/2004 on the status of judges and prosecutors, which is that these provisions are constitutional in so far as the term "judge" within them include the Constitutional Court judge.

According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.

In conclusion, as of May 20, 2016, the provisions cited above are suspended by operation of law, to the extent that the notion of "judge" in the table of contents does not include a judge of the Constitutional Court, according to legal effects cease on July 4, 2016, if the legislature does not intervene to amend the provisions under attack.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (3) service retirement pension provided for in paragraph 1. (1) shall be entitled, at the age of 60 years, and judges and prosecutors in the old judiciary between 20 and 25 years old, in this case the amount of the pension being reduced by 1% of the calculation basis referred to in paragraph 1. (1) for each year that is missing from the full length of the judiciary.
  

(4) for each year that exceeds the length of the judiciary referred to in paragraph 1. (1) and (2) the amount of the pension is add 1% of calculation basis referred to in paragraph 1. (1) without a can overcome.
  

(5) persons who meet the conditions of seniority referred to in paragraph (1) and (3) to the position of judge, Prosecutor, magistrate Assistant or personal legal specialist judges, and equated to the position of judge or Prosecutor times Councillor of Auditors jurisdictional section of the Court of Auditors may retire and are eligible, at the age of 60 years, the pension service, even if the retirement date had another occupation. In this case, the pension shall be determined from a basis equal to the gross monthly allowance of employment that a judge or Prosecutor in activity, in the identical function, seniority and degree of the Court or Prosecutor, and rises, the percentage taken from date of release from Office or, as the case may be, with gross monthly basic salary and increases under consideration last month of activity before the retirement date. Of the pension service can benefit only people who have been released from Office for reasons not attributable.
  

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Alin. (5) article. Amended 82 of point 7 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 of 15 April 2008, which amends section 6 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(6) the provisions of paragraphs 1 and 2. (1), (3) and (4) are eligible and retired judges and prosecutors before entry into force of the present law, benefiting from the public pension system and which fulfil the conditions laid down in this law for the grant of the pension service. In this case, the pension service is determined from a basis equal to the gross monthly allowance of employment that a judge or Prosecutor in activity, in the identical function, seniority and level of the Court or Prosecutor's Office where he worked before as a judge or Prosecutor, and rises, the percentage taken from date of release from Office.
  

(7) judges and prosecutors may choose between the pension and the pension from the public system. Military judges and prosecutors may choose between retirement pension and pension for military service.
  

(8) the pension provided for in this article has the legal status of an old-age pension.
  

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Art. 82 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ the period of retirement date of birth of the person the age of retirement for women ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ October 2007 July 1949 58 years and 2 months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ November-December 2007 August 1949 58 years and 3 months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ January-February 2008 September 1949 58 years and 4 months

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ March-April 2008 October 1949 58 years and 5 months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ may-June 2008 November 1949 58 years and six months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ July-august 2008 December 1949 58 years and 7 months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ September-October 2008 January 1950 58 years and 8 months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ November-December 2008, February-March 1950 58 years and 9 months ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ January 2009 60 years
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note ─ ─ ─ ─ ─ ─ ─ ─ Article 83 (1) judges, prosecutors, magistrates-assistants of the High Court of Cassation and justice, as well as specialist legal staff; 87 para. (1) may be kept in function after retirement age stipulated by law, until the age of 70 years. Until the age of 65 years, the magistrate may opt to remain in Office, but after that age for retention is necessary in the opinion of the year of the Superior Council of Magistracy.
  

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Alin. (1) of article 1. Amended 83 of point 8 of article 4. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 15 April 2008 amending point 7 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(2) judges and prosecutors who were dismissed by the retirement pension may be added for service revenues from an occupation, regardless of income level in question.
  

— — — — — — — — — — —-. (2) of article 9. 83 returned to previous form EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009, as a result of the termination of the legal effect of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009.

(3) Return to the position of magistrate judge, Assistant District Attorney ori is made without competition and with the opinion of the Superior Council of Magistracy, the courts or, where appropriate, to the public prosecutor's Office where they worked until retirement date. In this case, the appointment to the position of magistrate Assistant shall be carried by the Superior Council of Magistracy, and appointment to the post of judge or Prosecutor shall be made by the President of Romania, at the initiative of the Superior Council of Magistracy.
  

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Alin. (3) art. Amended 83 of point 8 of article 4. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 15 April 2008 amending point 7 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

(4) no longer exists.
  

— — — — — — — — — — —-. (4) article. 83 was removed as a result of the termination of the legal effects of the EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009 in accordance with the DECISION of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009.

(5) Removed.
  

— — — — — — — — — — — —-. (5) article. 83 was removed as a result of the termination of the legal effects of the EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009 in accordance with the DECISION of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009.
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Art. Amended 83 of point 7 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.


Article 83 ^ 1 (1) judges and prosecutors may be retired early, reducing the retirement age prescribed by the present law for up to five years, if the excess length of the judiciary referred to in art. 82 para. (1) at least 5 years. Those who fulfil the conditions for the grant of the pension both in terms of this article, as well as those set out in article 11. 82 para. (2) can opt between the two.
  

(2) the pension provided for in paragraph 1. (1) has an early retirement pension scheme.
  

(3) the beneficiaries of the pension service under paragraph 1. (1) no pension service may be added with the income from an occupation, regardless of income level in question, until the age of 60 years.
  

— — — — — — — — — — —-. (3) art. 83 ^ 1 has reverted to previous form EMERGENCY ORDINANCE nr. 230 of 30 December 2008 published in MONITORUL OFICIAL nr. 4 of 5 January 2009, as a result of the termination of the legal effect of the CONSTITUTIONAL COURT No. 82 of 15 January 2009 published in Official Gazette No. 33 of 16 January 2009.

(4) the anticipated amount of the pension shall be determined under the provisions of art. 82 para. (1) and (4).
  

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Art. 83 ^ 1 was introduced by section 8 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.


Article 83 (1) ^ 2 not getting a service referred to in art. 82 and 83 ^ 1 and-allowance referred to in article. 81 judges, prosecutors, magistrates and staff assistants-specialised legal person assimilated to judges and prosecutors who, even at a later date of issue, were sentenced or definitively willing to defer application of the death penalty for an offence of corruption, a crime treated as criminal offences of corruption or wrongdoing in connection therewith, committed before dismissal. These people benefit from the public pension system, in accordance with the law.
  

(2) setting in motion the criminal action for one of the crimes referred to in paragraph 1. (1) calls, law, suspension of the application for a settlement of the pension or, where appropriate, to suspend payment of the pension service, if it has been granted until final resolution of the case. During this period, the person to whom it was put in motion criminal proceedings shall, in accordance with the law, the public pension system.
  

(3) If it has to be classified, waiving prosecution, acquittal, the cessation of the criminal trial or waiving the application of the death penalty against the judge, Prosecutor, magistrate Assistant or legal expert staff assimilated to judges and prosecutors, it is reinstated in the previous situation, and it pays the pension service which has been deprived as a result of the implementation of the criminal action or motion, as the case may the difference between this and public pension charged after setting in motion the criminal action.
  

(4) a judgment of conviction or by which it was willing to postpone the application of the death penalty, the remaining final, shall notify the enforcing court Superior Council of Magistracy. The Superior Council of Magistracy will inform the National House of Pensions regarding the emergence of one of the situations referred to in this article that has the effect of granting, suspension, cessation or resumption of payment of the pension service or, as the case may be, the suspension or resumption of the procedure for the resolution of the application for the pension service. Information of the Superior Council of Magistracy shall include the elements necessary for the implementation of the measure by the territorial State pension houses, including identification of the person, by virtue of the measure and the date from which it applies.
  

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Art. 83 ^ 2 was introduced by art. 1 of law No. 118 of 14 July 2014, published in MONITORUL OFICIAL nr. 549 of 24 July 2014.


Article 84 (1) the surviving spouse of a judge or Prosecutor is entitled, at the age of 60 years, the survivor's pension under the conditions provided for by law No. 19/2000
  


the public pension system and other social insurance rights, with amendments and additions thereto, computed from the pension service in payment or would have been entitled at the time of death, Sustainer, updated as appropriate.

(2) the minor children of the deceased, the judge or Prosecutor as well as children up to the completion of his studies, but not more than 26 years of age, are entitled to survivor's pension, calculated from the pension service in payment or would have been entitled at the time of death of the deceased, Sustainer, updated as appropriate, in accordance with the law No. 19/2000, as amended and supplemented, and the percentages of this law, depending on the number of offspring.

(3) where the Prosecutor or the judge's death date does not meet the conditions for the grant of the pension service, minor children, and children up to the completion of his studies, but not more than 26 years of age, shall be entitled to a survivor's pension in the amount of 75% of the gross monthly allowance intended for wrapping Sustainer died last month of activity under the terms provided for by law No. 19/2000 *), as amended and supplemented.
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Art. 84 was amended by point 9 of article. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 19/2000 was deleted from subparagraph (a). the article) 196, Cap. X of law No. 263 of 16 December 2010, published in MONITORUL OFICIAL nr. 852 of 20 December 2010.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 85 (1) that portion of the pension service that exceeds the level of the pension system, public pension provided for by art. 82 para. (2), art. 83 ^ 1 and art. 84 paragraph 3. (3) as well as service pension paid to people who do not meet the condition of old age provided by law No. 19/2000, with amendments and additions thereto, shall be borne by the State budget.

(2) the pensions of judges and prosecutors, and survivors ' pensions pursuant to article 114. 84 refreshes whenever the gross monthly allowance shall be increased of a judge and Prosecutor in the activity, the identical function, seniority and degree of the Court or the public prosecutor, taking into account the percentage rises in the basis for calculating the grant of the pension service, and the bonus for seniority. If the upgrade follows a smaller service, judge or Prosecutor can keep their pension in payment.
  

(3) applications for retirement made by judges and prosecutors in order to grant the pension service provided for in this law shall be submitted to the competent territorial House of pensions. Payment of the pension is made after the date provided for in the Decree of the President of Romania as the dismissal from Office or, in the case of lack of such data, its publication in the Official Gazette of Romania, part I, of the Decree of the President of the Office.
  

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Art. 85 amended by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.


Article 86 the judiciary Constitute the period in which the judge, Prosecutor, legal expert staff; 87 para. (1) the magistrate or Assistant has performed the functions of judge, Prosecutor, legal specialist staff in the former State arbitrations, the magistrate Assistant, auditor, judge, judge financial inspector, Attorney, Attorney, financial advisor and Advisor to the inspector of the jurisdictional section of the accounts Chamber of Auditors, legal officer with higher education or specialist legal staff; 87 para. (1) and that he was a lawyer, notary, judicial Assistant, a teacher in the higher legal education accredited, legal counsel, legal counsel, the judicial police officer with higher education legal expert criminologist with higher education authorized according to the law, legal, personnel with higher education legal probation or has fulfilled the functions of a legal specialist in the legal Research Institute of the Romanian Academy The Romanian Institute for human rights, in the Parliament or in the device or within the presidential administration, Cabinet of Ministers, the Constitutional Court, the Ombudsman, the Court of Auditors, the Legislative Council.
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Art. 86 was modified by point 9 of article. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. 294 15 April 2008 amending point 11 of article 1. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007.


Article 87 (1) on completion of the function duration, legal expert staff from the Ministry of Justice, the Public Ministry, the Superior Council of magistrates, the National Institute of Criminology, National Institute of Forensic Expertise and from the National Institute of Magistracy shall be assimilated to judges and prosecutors in respect of rights and duties, including the examination of admission, professional evaluation, examination of capacity and promoting the provisions of this Act shall apply accordingly.
  

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Alin. (1) of article 1. 87 was amended by paragraph 10 of article 10. 1 of law No. 97 of 14 April 2008, published in MONITORUL OFICIAL nr. April 15, 2008 294, which complements art. From the EMERGENCY ORDINANCE nr. 100 of 4 October 2007, published in MONITORUL OFICIAL nr. 684 of 8 October 2007, with 12.

(2) establishing the facts which constitute the disciplinary procedure, and the research and application of disciplinary sanctions shall be made by order of the authorities referred to in paragraph 1. 1. Article 88 (1) for outstanding achievements in business, judges and prosecutors may be distinguished with the judicial Merit Diploma.
  

(2) the judicial Merit Diploma is awarded by the President of Romania, at the initiative of the Superior Council of Magistracy, for judges, and at the recommendation of the Minister of Justice, for prosecutors.
  


Article 89 of the qualification Model and method of manufacturing thereof shall be determined, with the assent of the Superior Council of magistrates, the Justice Minister.


Article 90 (1) judges and prosecutors are required to abstain from any acts or facts likely to impair their dignity in the profession and in society.
  

(2) relations between judges and prosecutors in the workplace and in society is based on respect and good faith.
  


Article 91 (1) judges and prosecutors are required to solve the work within the time limits set out and resolve the causes within a reasonable period, depending on their complexity, and observe professional secrecy.
  

(2) the judge is obliged to secrecy and votes to which he participated, including after termination of tenure.
  


Article 92 (1) judges and prosecutors are required to have, during the sessions of the Court, the proper court attire from clothing that works.
  

(2) clothing Attire shall be fixed by decision of the Government, with the opinion of the Superior Council of Magistracy, and ensure free of charge.
  


Article 93 judges and prosecutors are required to present, under the conditions and within the time limits laid down by law, regulation, Declaration of assets and interests statement.


Title IV liability of judges and prosecutors, chapter I General provisions Article 94 judges and prosecutors are responsible, civil, disciplinary and criminal under the law.


Article 95 (1) judges, prosecutors and magistrates-assistants can be searched, detained, arrested at home or only with the consent of the preventive arrest of sections Superior Council of Magistracy.
  

— — — — — — — — — — —-. (1) of article 1. 95 was changed from point 13 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) In the event of a flagrant offence, judges, prosecutors and magistrates-assistants may be detained and subject to detainment according to law, the Superior Council of the judiciary being informed immediately by the body which ordered the detention or searches.
  


Article 96 (1) the State shall be responsible for any damage caused through heritage errors.
  

(2) State Liability is determined according to the law and does not remove the responsibility of judges and prosecutors who have headed in bad faith or serious negligence.
  

(3) cases in which the injured party is entitled to compensation for damage caused by miscarriages of Justice perpetrated in criminal cases shall be determined by the criminal procedure code.
  

(4) the injured person's right to compensation for material damages caused by judicial errors committed in other processes than criminal ones will not be able to wield than where it has been determined, in advance, by a final judgment, a criminal or disciplinary responsibility, as appropriate, the judge or Prosecutor for a deed committed in the course of the judgment process and if this deed is likely to give rise to a miscarriage of Justice.
  


(5) is not entitled to compensation for damages any person who, during the process, contributed in any way to deal with judicial error by the judge or Prosecutor.
  

(6) For compensation of damages, the injured party may straighten only acting against the State, represented by the Ministry of public finance.
  

(7) after the injury was covered by the State under the ruling irrevocable data in compliance with the provisions of paragraphs 1 and 2. (6) the State shall be straightened with an action in damages against the judge or prosecutor who, in bad faith or serious negligence, committed legal error causing injury.
  

(8) the term of limitation of the right of action in all cases provided for in this article shall be one year.
  


Article 97 (1) Any person may submit to the Superior Council of Magistracy, directly or through the heads of courts, prosecutors ' offices often in connection with the work or conduct of judges or prosecutors, violation of professional obligations in the dealings with litigants times the commitment of some disciplinary.
  

(2) the exercise of the right referred to in paragraph 1. (1) cannot call into question the solutions given by court decisions, which are subject to the legal remedies available.
  


Chapter II disciplinary Liability of judges and prosecutors in article 98 (1) judges and prosecutors responsible for irregularities to disciplinary duties, as well as for affecting the prestige of the judiciary.
  

(2) the disciplinary judges and military prosecutors may be committed only according to the provisions of this law.
  


Article 99 Constitute disciplinary: a) manifestations which affect the professional honour or prestige uprightness times justice, perpetrated in the exercise of his duties or outside;
  

b) breach the legal incompatibilities and prohibitions relating to judges and prosecutors;
  

c) attitudes of untrustworthy during his duties of service towards colleagues, other staff of the Department or Office of the judiciary, lawyers, surveyors, experts, witnesses, representatives of other litigants times;
  

d) conducting public political expression of political beliefs or in the performance of job duties;
  

e) receive unjustified refusal to file requests, conclusions, or memoirs of laws, parts of the process;
  

f) unjustified refusal to fulfil a duty;
  

g) failure by the public prosecutor of hierarchically superior prosecutor, given in writing in accordance with the law;
  

h) failure repeatedly and for reasons attributable to the legal provisions relating to the settlement promptly of the causes of the delay times repeated in the works, for reasons attributable to;
  

(I) non-compliance with the duty to) refrain when the judge or Prosecutor knows there is one of the causes provided by law for abstaining, and formulation of the repeated and unjustified requests for abstention in the same case, which has the effect of delaying the judgment;
  

j) breaking the secrecy or confidentiality of the work of judging who this character, as well as other similar information that has come to their knowledge in the exercise of the function, except in the public interest, in accordance with the law;
  

k) absences from work, repeatedly or that directly affects the work of the Court or the public prosecutor's Office;
  

l) tampering with the activity of another judge or Prosecutor;
  

m) non-compliance with the provisions unduly times administrative decisions in accordance with the law by the head of Department or Office of or other administrative obligations prescribed by law or regulations;
  

n) using the function held to get favorable treatment from the authorities or interventions to address requests, claiming the resolution accepting personal interests times or times of family members of other persons, other than within the limits of the legal framework governed for all citizens;
  

a) failure seriously or repeatedly to provisions governing the distribution of random causes;
  

p) obstructing the activity of judicial inspectors, inspection by any means;
  

q) direct participation or by people from the status type pyramidal, gambling or investment schemes for which it is ensured transparency of funds;
  

r) total lack of motivation of judgments or judicial acts of the Prosecutor, in accordance with the law;
  

s) use of inappropriate expressions in the judgments or judicial documents of Prosecutor times obviously motivation contrary to legal reasoning, detrimental to the prestige of the judiciary or the dignity of the Office of the magistrate;
  

, etc) breaking the Constitutional Court decisions or decisions handed down by the High Court of Cassation and justice in dealing with appeals in the interests of the law;
  

t) exercise tool in bad faith or serious negligence.
  

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Art. 99 was amended by section 3 of article 9. 1 of law No. 24 of 17 January 2012 published in MONITORUL OFICIAL nr. 51 of 23 January 2012.


Article 99 ^ 1 (1) bad faith Exists when the judge or Prosecutor in breach of rules of law with science times, watching the trial material or supporting a person's injury.
  

(2) there are serious negligence when the judge or Prosecutor disregards negligently seriously, unmistakable and nescuzabil, the rules of substantive and procedural law times.
  

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Art. 99 ^ 1 was introduced by paragraph 4 of art. 1 of law No. 24 of 17 January 2012 published in MONITORUL OFICIAL nr. 51 of 23 January 2012.


Article 100 disciplinary Sanctions may be applied to judges and prosecutors, in proportion to the seriousness of the irregularities, are: a) warning;
  

b) lessening the bounding gross monthly allowance by up to 20% over a period of up to 6 months;
  

c) moving for disciplinary action up to a year at another court or to another constituency, located in other courts of appeal or in the constituency of another flooring in addition to an appellate court;
  

d suspension from Office) for a period of up to 6 months;
  

e) exclusion from the Magistracy.
  

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Art. 100 was amended by section 5 of art. 1 of law No. 24 of 17 January 2012 published in MONITORUL OFICIAL nr. 51 of 23 January 2012.


Article 101 disciplinary Penalties referred to in article 1. 100 sections apply to Superior Council of Magistracy, according to its organic law.


Title V transitional and final Provisions Article 102 (1) according to the Judges of the High Court of Cassation and Justice continue their activity until the date of expiry of the term of Office for which they were appointed.
  

(2) the judges of the High Court of Cassation and justice to whom a mandate for which they were appointed times, as appropriate, for reasons not attributable to release retains the degree acquired in the hierarchy and can occupy a position of judge of the High Court of Cassation and justice, and can return to previously held the position of magistrate or another function of judge or Prosecutor can choose times for entrance to the law firm or notary without examination.
  


Article 103 judges and prosecutors who, on the date of entry into force of this law, the norm of basic legal institutions of higher education have an obligation that, beginning with the next academic year, to transfer the basic rule with the Court or the Prosecutor's Office that works to withdraw from membership of judge or Prosecutor.


Article 104 (1) judges and prosecutors, as well as specialist legal staff; 87 para. (1) who received the judiciary according to law No. 92/1992 for the judicial organisation, republished, with subsequent amendments and additions, retains it old.
  

(2) the remuneration of assistants is made by magistrates-according to schedule. 1 the Government Emergency Ordinance nr. 177/2002 concerning remuneration and other rights of magistrates, approved with amendments and completions by law No. 347/2003, as amended, on the basis of the coefficients referred to in no. CRT. 19, 20, 18 for magistrates grade I-assistants, II, III, at no. CRT. 12, 13, 19 for magistrates-degree heads, assistants, III and the No. CRT. 12 for Prime magistrate Assistant.
  


Article 105 (1) military judges and prosecutors who continue the work of the courts and the public prosecutor of the military, you are breaking the lower function, keeps wage rights accorded to redistribution to date. The other provisions of this law are applied properly and military judges and prosecutors.
  

(2) the transfer of judges and prosecutors, upon request or as a result of the reduction in establishment plan, shall be made, depending on the option expressed, to the courts or public prosecutor which judge civil prosecutor may times work, according to his professional degree.

  

— — — — — — — — — — —-. (2) of article 9. 105 was amended by point 14 of article. 71 of Act No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 106 higher magistrates Council, by decision which shall be published in the Official Gazette of Romania, part I: the contest regulations) admission and graduation examinations of the National Institute of Magistracy, which stipulates the mode of organization, theme, bibliography, samples for examination, the procedure of the competition for admission and graduation exam, and the minimum average admission and graduation of the National Institute of Magistracy;
  

b) Regulation of the National Institute of Magistracy;
  

c) Regulation on examination of the capacity of judges and prosecutors and trainee interns, which stipulates the mode of organization, theme, bibliography, samples of examination procedure and minimal media to promote the capacity of examination trainee judges and prosecutors and trainee;
  

d) Regulation on the Organization and conduct of the competition for admission in the judiciary;
  

e) the regulation concerning the conduct of training courses to judges and prosecutors and of the results obtained;
  

f) Regulation on organisation and conduct of the competition for the promotion of judges and prosecutors;
  

g) Organization regulation of the competition or examination for appointment to the positions of judges and prosecutors;
  

h) Regulation on the evaluation of professional activity of judges and prosecutors;
  

I leave Regulation) judges and prosecutors.
  


Article 107 (1) this Act enters into force 90 days after its publication in the Official Gazette of Romania, part I.
  

(2) the date of entry into force of the present law shall repeal: the provisions of article) 6, art. 12, art. 14-16, art. 36-43, art. 55, art. and article 58. 59-69 of the Supreme Court of justice no. 56/1993, republished in the Official Gazette of Romania, part I, no. 56 of 8 February 1999, as amended and supplemented;
  

b) article 2 (2). (2), art. 3, art. 42-69, art. 91-120 ^ 1 and art. 121-131 ^ 1 of law No. 92/1992 for the judicial organisation, republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997, as amended and supplemented, except as provided in art. 66 regarding the length of service necessary to promote judiciary as judge or Prosecutor, which shall be repealed on 1 January 2005.
  

(3) the provisions of article 4. 13 of the Supreme Court of Justice Law No. 56/1993, republished in the Official Gazette of Romania, part I, no. 56 of 8 February 1999, with subsequent amendments and additions shall be repealed on 1 January 2005.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Note: we present below the provisions of art. II-VIII of title XVII of the law nr. 247/2005, which are not incorporated in the text of the consolidated law No. 303/2004 and apply, as further provisions of title XVII of the law nr. 247/2005.

"Art. II. — (1) the regulation on the Organization and conduct of the competition for the promotion of judges and prosecutors shall be approved by the Superior Council of Magistracy (SCM) within 30 days after the entry into force of the present law and enter into force on the date of its publication in the Official Gazette of Romania, part I.

(2) the other regulations referred to in article. 106 is updated and approved within 30 days of the entry into force of this law.
  

(3) within 3 months of the entry into force of this law shall be adopted Government decision specified in article 13. 77 para. (3) *) of law No. 303/2004.
  

Art. III.-The expiry; Paragraph 5. (2) the annex to law No. 303/2004 on the status of magistrates, with subsequent amendments, are repealed.

Art. IV.-(1) Commissions for the first competition or examination regarding driving functions of the courts and public prosecutor's offices shall be appointed by the Superior Council of Magistracy, on a proposal from the National Institute of Magistracy, within ten days after the entry into force of this law.

(2) Regulation on the organisation of the competition or examination for appointment to the positions of judges and prosecutors will be developed by the National Institute of Magistracy, approved by the Superior Council of Magistracy and displayed on the website of the National Institute of Magistracy, the Superior Council of Magistracy, the Prosecutor's Office attached to the High Court of Cassation and justice and the Ministry of Justice, as well as at the premises of courts and prosecutors ' offices within 10 days of the appointment of the boards.
  

(3) within 30 days of publication of the regulation referred to in paragraph 1. (2) it organizes the contest or exam for appointment to the positions of leadership at the courts of appeal, courts and the public prosecutor's Office attached to them and within 60 days of the same date is organized contest for exam or driving functions of the judges and the public prosecutor's Office attached to them. The provisions of article 48 para. (7) and article 3. 48. ^ (7) *) apply accordingly.
  

(4) the appointment in positions of leadership at the courts of appeal, courts of law, tribunals and judges, as well as from the public prosecutor's Office attached to them, to apply the procedure laid down in article 21. 48 para. (9) and article. 48. ^ (9) *) is done within 30 days of the appointment of the judges and prosecutors who have obtained the best result at competitions or examinations referred to in paragraph 1. (3) and (5) failure to comply with time limits and procedure for competitions or examinations provided for in this article shall constitute misconduct.
  

Art. V.-(1) judges and prosecutors who, on the date of entry into force of this law, fulfill the conditions of retirement for age limit will be dismissed upon a period of 3 months following 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). Vi.-judges and prosecutors who have not abandoned the rule base in higher education institutions, according to art. 102 *) of law No. 303/2004, are obliged to transfer their basic rule with the Court or the Prosecutor's Office, within 30 days after the entry into force of this law.

Art. VII.-(1) judges, prosecutors, magistrates-expert staff assistants, legal magistrates and staff sequestered specialist shall submit declarations as referred to in art. 6 paragraph 1. (3) * *) or, where appropriate, article 3. 6 ^ 1 * *) and art. 6 ^ 2 * *) of law No. 303/2004 within 60 days after the entry into force of this law.

(2) National Council for analyzing the Security check the declarations referred to in article 1. 6 ^ 1 * *) of law No. 303/2004, and the Supreme Defence Council of the country check the declarations referred to in article 1. 6 ^ 2 * *) of law No. 303/2004 within six months after the entry into force of this law.
  

Art. VIII.-the provisions of article 4. 82 * *) of law No. 303/2004 apply and the magistrates of the constitutional court-assistants and specialist legal staff assimilated judges and prosecutors; 73 of the law nr. 47/1992 on organisation and functioning of the Constitutional Court, republished, with subsequent amendments and additions. "

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*) Art. 77 para. (3) became, in the form of law No. republished 303/2004, art. 78 para. (3). *) Art. 48. ^ (7) became, in the form of law No. republished 303/2004, art. 49 para. (7). *) Art. 48. ^ (9) became, in the form of law No. republished 303/2004, art. 49 para. (9). *) Art. 102 became, in the form of law No. republished 303/2004, art. 103. * *) Art. 6 paragraph 1. (3) became, in the form of law No. republished 303/2004, art. 5 para. (3) * *) Art. 6 ^ 1 has become, in the form of law No. republished 303/2004, art. 6. * *) Art. 6 ^ 2 has become, in the form of law No. republished 303/2004, art. 7. * *) Art. 82 became, in the form of law No. republished 303/2004, art. 83.

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