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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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LEGE no. 303 303 of 28 June 2004 (** republished) (* updated *) on the status of judges and ((updated until 20 May 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. XII of Title XVII of Law no. 247/2005 on the reform in the fields of property and justice, as well as some adjacent measures, published in the Official Gazette of Romania, Part I, no. 653 of 22 July 2005, giving the texts a new numbering. Law no. 303/2004 was published in the Official Gazette of Romania, Part I, no. 576 576 of 29 June 2004 and has been amended by Government Emergency Ordinance no. 124/2004 , published in the Official Gazette of Romania, Part I, no. 1.168 of 9 December 2004, approved with amendments and additions by Law no. 71/2005 , published in the Official Gazette of Romania, Part I, no. 300 300 of 11 April 2005. + Title I General provisions + Chapter I Notions and Principles + Article 1 The judiciary is the judicial activity carried out by judges for the purpose of justice and prosecutors in order to defend the general interests of society, the rule of law, as well as the rights and freedoms of citizens. + Article 2 (1) The judges appointed by the President of Romania are unremovable, under the present law. (2) Unremovable judges may be moved by transfer, delegation, posting or promotion, only with their consent, and may be suspended or released from office under the conditions provided for by this law. (3) The judges are independent, obey only the law and must be impartial. (4) Any person, organization, authority or institution is obliged to respect the independence of judges. + Article 3 (1) Prosecutors appointed by the President of Romania enjoy stability and are independent, under the law. ((2) Prosecutors who enjoy stability can be moved by transfer, posting or promotion, only with their consent. They may be delegated, suspended or relieved of their duties under the conditions laid down by this Act. + Article 4 (1) Judges and prosecutors are obliged, through their entire activity, to ensure the rule of law, respect the rights and freedoms of persons, as well as their equality before the law and ensure non-discriminatory legal treatment all participants in judicial proceedings, regardless of their quality, comply with the Code of Ethics of Judges and Prosecutors and participate in continuous professional training. (2) Judges cannot refuse to judge on the grounds that the law does not provide, is unclear or incomplete. + Chapter II Incompatibilities and prohibitions + Article 5 (1) The functions of judge, prosecutor, assistant magistrate and judicial assistant are incompatible with any other public or private functions, except for teaching positions in higher education, as well as those of instruction within the Institute National of Magistracy and National School of Grefieri, under the law. (2) Judges and prosecutors are obliged to refrain from any activity related to the act of justice in cases involving the existence of a conflict between their interests and the public interest in the achievement of justice or defence of interests general of the company, except where the conflict of interest was brought to the attention, in writing, to the governing college of the court or the head of the prosecutor's office and it was considered that the existence of the conflict of interest does not affect the impartial performance of the duties. (3) Judges, prosecutors, assistant magistrates and specialist auxiliary staff are required to give, annually, a self-declaration stating whether the spouse, relatives or affins up to and including the fourth degree exercise a function or carry out a legal activity or investigation or criminal investigation activities, as well as their workplace. The statements are recorded and submitted to the professional file. + Article 6 (1) Judges, prosecutors, magistrates-assistants, legal specialist staff assimilated to magistrates and specialist auxiliary staff are required to make an authentic, self-declaration according to criminal law, regarding belonging or non-belonging as an agent or collaborator of the security bodies, as a political police. (2) The National Council for the Study of Security Archives shall verify the declarations provided in par. ((1). The results of the checks attach to the professional file. ((3) Provisions Law no. 187/1999 on access to your own file and the unravelling of security as political police apply accordingly. + Article 7 (1) Judges, prosecutors, assistant magistrates, legal specialist staff assimilated to them and the specialist auxiliary staff of the courts and prosecutor's offices may not be operational workers, including covered, informants or collaborators of the intelligence services. (2) Persons referred to in par. (1) completes, annually, an authentic declaration, on its own responsibility according to the criminal law, showing that they are not operative workers, including covered, informants or collaborators of the intelligence services. (3) The Supreme Council of Defense of the Country shall verify, ex officio or at the complaint of the Superior Council of Magistracy or the Minister of Justice, the reality of the statements ((2). (4) Violation of provisions of paragraph (1) leads to release from the position held, including that of judge or prosecutor. + Article 8 (1) Judges and prosecutors shall be prohibited: a) to carry out commercial activities, directly or through interposed persons; b) conduct arbitration activities in civil, commercial or other disputes; c) have the status of associate or member in the management, administration or control bodies at civil societies, companies, including banks or other credit institutions, insurance companies or financial, national companies, companies national or autonomous kings; d) be a member of a group of economic interest. (2) By way of derogation from the provisions of paragraph ((1) lit. c), judges and prosecutors may be shareholders or associates as a result of the law on mass privatization. + Article 9 (1) Judges and prosecutors shall not be part of political parties or parties, nor shall they conduct or participate in activities of a political nature. (2) Judges and prosecutors shall be obliged in the exercise of their duties to refrain from expressing or manifesting, in any manner, their political beliefs. + Article 10 (1) Judges and prosecutors cannot publicly express their opinion on pending trials or on cases with which the prosecutor's office has been notified. (2) Judges and prosecutors may not give written or verbal consultations on contentious matters, even if those processes are pending before other courts or prosecutors ' offices than those in which they exercise their office and cannot perform any other Activity that, according to the law, is carried out by (3) Judges and prosecutors are allowed to plead, under the conditions provided by law, only in their personal cases, of ascenders and descendants, of spouses, as well as of persons placed under guardianship or their cleaning. Even in such situations, however, judges and prosecutors are not allowed to use the quality they have to influence the court's solution or the prosecutor's office and must avoid creating the appearance that they could influence in any way the solution. + Article 11 (1) Judges and prosecutors may participate in the elaboration of publications, develop articles, specialized studies, literary or scientific works and participate in audiovisual broadcasts, except those of a political nature. (2) Judges and prosecutors may be members of commissions for examination or preparation of draft normative acts, internal or international documents. (3) Judges and prosecutors may be members of scientific or academic societies, as well as of any legal persons of private law without patrimonial purpose. + Title II Career of judges and prosecutors + Chapter I Admission to the magistracy and initial professional training of judges and prosecutors + Article 12 The admission to the magistracy of judges and prosecutors is made by competition, based on professional competence, skills and good reputations. + Article 13 Admission to the magistracy and initial vocational training in order to fill the position of judge and prosecutor is carried out through the National Institute of Magistracy. + Article 14 (1) Admission to the National Institute of Magistracy is done in compliance with the principles of transparency and equality, exclusively on the basis of competition. (2) It may be admitted to the National Institute of Magistracy the person who cumulatively meets the following conditions: a) has Romanian citizenship, domicile in Romania and full exercise capacity; b) is licensed in law; c) has no criminal record or tax record and enjoys a good reputation; d) knows the Romanian language; e) is fit, medically and psychologically, for the exercise of the function. The medical commission is called by joint order of the Minister of Justice and the Minister of Health The fees of the medical examination are borne from the budget of the National Institute ------------- Alin. ((2) of art. 14 14 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 23 23 of 6 June 2012 , published in MONITORUL OFFICIAL no. 383 383 of 7 June 2012. + Article 15 (1) The admission contest shall be organized annually on the date and place established by the National Institute of Magistracy, with the approval of the Superior Council of Magistracy. The date, place, way of the admission contest and the number of seats put up for competition shall be published in the Official Gazette of Romania, Part III, on the website of the Superior Council of Magistracy and that of the Institute National of Magistracy, at least 60 days before the date set for the competition. (2) The data provided in par. (1) shall also be brought to the attention by a statement published in three central daily newspapers. (3) For the registration of the contest provided in par. (1), the candidate pays a fee whose amount is determined by decision of the Superior Council of Magistracy, depending on the expenses necessary for the organization of the contest. (4) The Superior Council of Magistracy determines each year the number of students, depending on the posts of judges and vacant prosecutors, as well as those that will be established. (5) The admission commission, the commission for the elaboration of the subjects and the commission for the resolution of appeals are appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. Verification of the candidates ' files and fulfilment of the conditions provided in 14 14 para. (2) shall be carried out by the admission committee. (6) The results of the contest shall be displayed at the National Institute of Magistracy and shall be published on the website of the Superior Council of Magistracy and that of the National Institute of Magistracy. (7) Candidates dissatisfied with the results of the contest may appeal within 3 days from the display to the Board of Appeal. It will settle them within 3 days. The decision of the Board of Appeal is irrevocable, the provisions of par. ((6) being properly applicable. ((8) Verification of the fulfilment of the condition of good reputation and condition of being medically and psychologically fit for the exercise of the function is carried out after the final results of the contest are displayed. ------------- Alin. ((8) of art. 15 15 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 23 23 of 6 June 2012 , published in MONITORUL OFFICIAL no. 383 383 of 7 June 2012. + Article 16 (1) The students of the National Institute of Magistracy have the quality of justice auditors. (2) The initial professional training within the National Institute of Magistracy consists in the theoretical and practical training of justice auditors to become judges or prosecutors. (3) The duration of the training courses of the justice auditors is 2 years. After the first year of classes, the justice auditors opt, in the order of the media and in relation to the number of posts, for the position of judge or prosecutor. (4) During the course of the courses, the justice auditors perform internships in the courts and prosecutor's offices, attend court hearings and prosecution work, to directly know the activities on the courts. which carries out their judges, prosecutors and specialist auxiliary staff. (5) The program of professional training of justice auditors is approved by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. + Article 17 (1) The auditors of justice benefit from a scholarship having the character of a monthly allowance corresponding to the position of trainee judge and trainee prosecutor, in relation to the seniority they have as auditors. (2) The scholarship of justice auditors provided in par. (1) has the nature and legal regime of a salary right and is established on the basis of the gross allowance provided by law for trainee judges and prosecutors, to which the deductions for obtaining the net allowance will be calculated, to be transferred the obligation of the employer and insured persons to state social security, as well as the obligation of the employer and insured persons to contribute to health insurance. Justice auditors also benefit from the allowance during the holidays. (3) The allowances of the justice auditors shall be paid from the fund provided for in the approved annual budget of the Superior Council of Magistracy. (4) The auditors of justice benefit from the rights provided by art. 79 79 para. (4) and (5), which shall apply accordingly. (5) The period in which a person was the auditor of justice, if he passed the graduation examination of the National Institute of Magistracy, constitutes seniority as a judge or prosecutor. (6) Provisions of para. ((1)-(3) and (5) shall also apply to legal auditors from other countries, on the basis of agreements concluded with the Ministries of Justice of those countries. + Article 18 (1) The disciplinary misconduct of the justice auditors from their duties according to the law or the Regulation of the National Institute of Magistracy shall be sanctioned disciplinarily. (2) It constitutes disciplinary violations: a) the conduct of public activities of a political nature or the manifestation of political beliefs in the performance of their duties; b) irreverent attitudes towards colleagues, training and management staff of the National Institute of Magistracy, as well as to the persons with whom they come into contact during the period of the internship; c) unmotivated absences from classes, if they exceed 8 hours in a month. (3) The disciplinary sanctions applicable to the auditors of justice are: a) the warning; b) the reduction of the stock exchange by up to 15% over a period of one month to 3 months; c) diminishing the scholarship in proportion to the number of unmotivated absences, if they exceed 8 hours in a month; d) expulsion from the National Institute of Magistracy. (4) The warning shall apply, in writing, to the director of the National Institute of Magistracy and may be challenged at the scientific council of the institute. (5) The sanctions provided in par. ((3) lit. b), c) and d) shall apply to the Scientific Council of the National Institute of Magistracy. (6) The decisions of the scientific council provided in par. (5) may be appealed to the competent administrative and fiscal court. (7) In case of expulsion from the National Institute of Magistracy, the sanctioned one is obliged to refund the allowance and the expenses of tuition. (8) The procedure for finding deviations and the application of disciplinary sanctions is established by the Regulation of the National Institute of Magistracy. + Article 19 (1) After the conclusion of the courses within the National Institute of Magistracy, the justice auditors shall hold a graduation examination, consisting of theoretical and practical tests, verifying the appropriation of the necessary knowledge judge or prosecutor. (2) The auditors of justice who passed the exam provided in par. (1) will be appointed, according to the law, as a rule, in the positions for which they opted after the first year of courses in the National Institute of Magistracy. (3) Justice auditors who do not promote the graduation exam may present themselves once again for their support at the next session organized by the National Institute of Magistracy. If the auditor of justice does not, unjustifiably, appear in the exam or pass the exam in the second session, he cannot be appointed as a judge or prosecutor and is obliged to return the scholarship and the tuition expenses. + Article 20 (1) The graduates of the National Institute of Magistracy are obliged to perform for 6 years the position of judge or prosecutor. (2) If a graduate of the National Institute of Magistracy is relieved of his duties before the expiry of the 6-year period, on his initiative or for reasons attributable to him, he is obliged to refund the auditor's scholarship of justice and tuition expenses incurred with its formation, in proportion to the time remaining until the end of the term provided in par. ((1). (3) During the period between the date of passing the graduation exam and the date of appointment as judge or trainee prosecutor, the graduates of the National Institute of Magistracy who passed the graduation exam receive the monthly allowance the function of the hearing officer. The salary rights are borne from the budget of the National Institute of Magistracy ------------ Alin. ((3) of art. 20 20 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. + Chapter II Trainee judges and trainee prosecutors + Article 21 (1) The trainee judges and the trainee prosecutors are appointed by the Superior Council of Magistracy, on the basis of the general average, obtained by summing up the three environments at the end of each study year and from the graduation exam of National Institute of Magistracy. (1 ^ 1) The period between the passing of the graduation exam and the appointment by the Superior Council of Magistracy as judge or trainee prosecutor, as well as the period in which a person had the status of judge or prosecutor trainee, if he passed the capacity exam provided by art. 25, constitutes seniority as a judge or prosecutor. ------------ Alin. ((1 ^ 1) of art. 21 21 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. (2) Trainee judges and trainee prosecutors may only be appointed to the judges or, as the case may be, to the prosecutor's offices beside them. (3) The trainee judges enjoy stability. + Article 22 (1) The duration of the internship is 1 year. (2) During the period of the internship, the judges and prosecutors are obliged to continue the professional training, under the coordination of a judge or prosecutor specifically appointed by the president of the court or, as the case may be, the first prosecutor of the prosecutor's office Court. (3) The management of the courts and prosecutors is obliged to ensure all the conditions for the smooth running of the internship. + Article 23 (. Judges shall judge: a) the shares of the owners, the applications for maintenance pensions, the requests for records and rectifications in the civil status registers, the requests for attachment, the consent of the forced execution and the taking of precautionary measures; ---------- Lit. a) a par. ((1) of art. 23 23 has been amended by art. II of EMERGENCY ORDINANCE no. 1 1 of 3 February 2016 , published in MONITORUL OFFICIAL no. 85 85 of 4 February 2016. b) the patrimonial disputes having as object the payment of a sum of money or the surrender of a good, if the value of the object of the dispute does not exceed 100 million lei (10 thousand lei RON); c) complaints against the minutes of finding contraventions and application of contravention sanctions; d) payment order; ----------- Lit. d) a par. ((1) of art. 23 23 has been amended by art. III of LAW no. 138 138 of 15 October 2014 , published in MONITORUL OFFICIAL no. 753 753 of 16 October 2014. e) rehabilitation; f) ascertaining the intervention of amnesty or pardon; g) the crimes provided by the Criminal Code for which the criminal action is set in motion on the prior complaint of the injured person, except those of art. 218 218 para. ((1) and (2), art. 219 219 para. ((1), art. 223, 226, 227, as well as art. 239-241. ----------- Lit. g) a par. ((1) of art. 23 23 has been amended by section 4.2 1 1 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) Trainee prosecutors have the right to carry out and sign procedural acts, under the coordination of a prosecutor who enjoys stability, and to put conclusions in court. ----------- Alin. ((2) of art. 23 23 has been amended by section 2 2 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) The solutions of the trainee prosecutors are countersigned by the prosecutors who coordinate them. + Article 24 (1) The judge or prosecutor responsible for the coordination of the trainee judges or, as the case may be, of the trainee prosecutors shall draw up quarterly an individual evaluation reference on the appropriation of practical knowledge specific to the activity of judge or the prosecutor. (2) In order to submit to the capacity examination, the last individual evaluation reference shall include the advisory opinion of the President of the Court of Appeal or the Prosecutor General of the Prosecutor's Office of the latter. + Article 25 (1) After the end of the internship period, the judges and the trainee prosecutors are obliged to appear for the capacity examination. If the trainee judge or the trainee prosecutor is rejected at the capacity examination, he is obliged to appear at the next session. (2) The unjustified lack of the capacity examination or the rejection of the candidate at two sessions attracts the loss of the quality of trainee judge or trainee prosecutor. In this situation, the judge or the trainee prosecutor is obliged to return the scholarship to the justice auditor and the tuition expenses made for his professional training. (3) The person who, for justified reasons, did not appear for the capacity examination can take this exam if from the end of the internship to the date fixed for the exam no more than 2 years have passed. Provisions of paragraph ((2) shall apply accordingly. (4) After the passage of the 2-year term, the persons referred to in (3) are obliged to carry out the internship again, according to the law. + Article 26 (1) The capacity examination of trainee judges and trainee prosecutors is organized annually by the Superior Council of Magistracy, through the National Institute of Magistracy. (1 ^ 1) At the capacity examination provided in par. (1) participate the trainee judges and the trainee prosecutors, as well as the legal specialist staff assimilated to the judges and prosecutors of the Superior Council of Magistracy, the National Institute of Magistracy, the Public Ministry and the Ministry of Justice. ------------- Alin. ((1 ^ 1) of art. 26 26 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (2) The date, place and manner of the capacity examination shall be published in the Official Gazette of Romania, Part III, as well as on the website of the Superior Council of Magistracy and that of the National Institute of Magistracy and shall be communicated to the courts and to the prosecutor's offices, at least 90 days before the date set for the capacity examination. ((3) The applications for the application for the capacity examination, accompanied by the evaluation references and the other necessary documents according to the Regulation on the capacity examination of the trainee judges and the trainee prosecutors, shall be submitted to the Council Superior of Magistracy within 60 days of the publication of the date of the exam. + Article 27 (1) The Commission for the Judges ' Capacity Exam and the Board of Appeal shall consist of judges of the High Court of Cassation and Justice, judges of the courts of appeal and trainers of the National Institute of Magistracy, appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. (2) The Commission for the capacity examination of the prosecutors and the commission for the resolution of appeals are made up of prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, prosecutors from the prosecutor's offices of the courts of appeal and trainers from the National Institute of Magistracy, appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. + Article 28 (1) The capacity examination consists in the verification of theoretical and practical knowledge by written and oral samples. (2) The probes of a theoretical nature have as object the constitutional foundations of the rule of law, the basic institutions of law, judicial organization and the deontological code of judges and prosecutors. At the support of the oral evidence, at least 3 members of the commissions provided in art. 27. (3) The probes of a practical nature consist in the settlement of cases and the preparation of judicial documents, distinct for judges and prosecutors, depending on the specificity of their activity. ((4) Abrogat. ------------- Alin. ((4) of art. 28 28 has been repealed by section 6.6. 1 1 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 29 (1) The results of the capacity examination shall be entered in the classification table of candidates, which shall 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. (2) The tests for the capacity examination regarding the written tests shall be sent to the National Institute of Magistracy, within 72 hours from the display of the results, by the candidates, the appeals courts or the prosecutor's offices beside them. Appeals shall be resolved within 3 days. The decision of the Board of Appeal is irrevocable, the provisions of par. ((1) being properly applicable. (3) The note to the oral evidence is final. (4) After drawing up the classification table of candidates, the Superior Council of Magistracy validates the capacity exam, in the first meeting to be displayed. (5) The Superior Council of Magistracy may invalidate, in whole or in part, the capacity examination in cases where it finds that the conditions provided by law or regulation on the organization of the exam have not been observed or that there is proof committing fraud. + Article 30 (1) After the validation of the capacity examination, the list of all vacancies from the judges and prosecutor's offices of these courts shall be published immediately, separately for judges and prosecutors, in the Official Gazette of Romania, Part III, and shall be published. displays at the courts and prosecutor's offices, through the care of the Superior Council of Magistracy. (2) The declared candidates admitted to the capacity examination shall have the right, in the order of the environments, to choose their posts, within 15 days off from their publication in the Official Gazette of Romania, Part III. (3) The candidate who did not exercise the right to choose the post within the period provided in par. (2) is proposed, ex officio, a post by the Superior Council of Magistracy. The refusal to accept the proposal is considered resignation. (4) At equal averages it has priority to choose the post, in the following order, the candidate who operates at the court or prosecutor's office for which he has opted or the one who has a higher seniority in the magistracy (5) The distribution on posts shall be displayed at the headquarters of the Superior Council of Magistracy, courts and prosecutors ' offices, shall be communicated to interested persons and shall be published on the website of the Superior Council of Magistracy. (6) In the constituencies of courts and prosecutors where a national minority has a share of at least 50% of the number of inhabitants, at equal averages, the connoisseurs of the language of that minority have priority. + Chapter III Appointment of judges and prosecutors + Article 31 (1) The judges and prosecutors who passed the capacity examination are appointed by the President of Romania, at the proposal of the Superior Council of Magistracy. (2) The appointment proposals shall be made no later than 30 days from the date of validation of the capacity examination. (3) The President of Romania may refuse once the appointment of the judges and prosecutors provided in par. ((1). The reasoned refusal is immediately communicated to the Superior Council of Magistracy. (4) If the Superior Council of Magistracy supports the initial proposal, it has the obligation to motivate the option and to communicate it immediately to the President of Romania. (5) During the period between the date of validation of the capacity examination and the date of entry into force of the appointment act by the President of Romania, the judges and prosecutors who passed the capacity exam receive the salary corresponding to the immediately superior to that of judge or trainee prosecutor. + Article 32 (1) The person who fulfils the conditions provided by law for entering the magistracy, with the assent of the Ministry of National Defence regarding the fulfilment of the legal conditions for the acquisition the quality of officer active in this ministry. (2) The appointment as a judge or military prosecutor, the transfer from the courts or civil prosecutor's offices to the courts or military prosecutor's offices, as well as the granting of military degrees and the advance in the rank of military judges and prosecutors a joint regulation of the Superior Council of Magistracy and the Ministry of National Defence ------------ Article 32 has been amended by section 4.2. 3 3 of art. 71 of LAW no. 255 255 of 19 July 2013 , published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 33 (1) They may be appointed in the magistracy, on the basis of competition, if they meet the conditions laid down in 14 14 para. (2), former judges and prosecutors who have ceased their activity for non-imputable reasons, the legal specialist staff provided for in art. 87 87 para. (1), lawyers, notaries, judicial assistants, legal advisers, probation staff with legal higher education, judicial police officers with higher legal studies, clerks with legal higher education, persons who have performed legal specialized positions in the apparatus of the Parliament, the Presidential Administration, the Government, the Constitutional Court, the Ombudsman, the Court of Auditors or the Legislative Council, of the Institute for Legal Research of Romanian Academy and the Romanian Institute for Human Rights, teachers from accredited higher legal education, as well as assistant magistrates from the High Court of Cassation and Justice, with a specialist seniority of at least 5 years. ------------- Alin. ((1) of art. 33 33 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (2) The contest provided in par. (1) shall be organized annually or whenever necessary, by the Superior Council of Magistracy, through the National Institute of Magistracy, for filling vacancies from judges and prosecutors ' offices. ((2 ^ 1) 15 15 para. ((8) shall apply accordingly. ------- Alin. (2 ^ 1) of art. 33 33 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 23 23 of 6 June 2012 , published in MONITORUL OFFICIAL no. 383 383 of 7 June 2012. (3) Within no more than 30 days from the date of validation of the contest provided in par. (1), the Superior Council of Magistracy proposes to the President of Romania the appointment as judge or, as the case may be, the prosecutor of the admitted candidates. (4) Provisions art. 30 30 para. ((6) shall apply accordingly. ((5) Abrogat. ------------- Alin. ((5) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((6) Abrogat. ------------- Alin. ((6) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((7) Abrogat. ------------- Alin. ((7) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((8) Abrogat. ------------- Alin. ((8) art. 33 was repealed by the single article of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((9) Abrogat. ------------- Alin. ((9) art. 33 was repealed by the single article of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10) Abrogat. ------------- Alin. ((10) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 1) Abrogat. ------------- Alin. ((10 ^ 1) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 2) Abrogat. ------------- Alin. ((10 ^ 2) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 3) Abrogat. ------------- Alin. ((10 ^ 3) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 4) Abrogat. ------------- Alin. ((10 ^ 4) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 5) Abrogat. ------------- Alin. ((10 ^ 5) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 6) Abrogat. ------------- Alin. ((10 ^ 6) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. ((10 ^ 7) Abrogat. ------------- Alin. ((10 ^ 7) of art. 33 33 has been repealed by art. unique of EMERGENCY ORDINANCE no. 46 46 of 16 April 2008 , published in MONITORUL OFFICIAL no. 323 323 of 24 April 2008. (11) The President of Romania may refuse once the appointment of the judges and prosecutors referred to in par. ((1). The reasoned refusal is immediately communicated to the Superior Council of Magistracy. (12) If the Superior Council of Magistracy supports the initial proposal, it has the obligation to motivate the option and to communicate it immediately to the President of Romania. (13) After appointment as judge or prosecutor, the persons referred to in par. (1) are obliged to follow, for a period of 6 months, a training course within the National Institute of Magistracy, which will necessarily include elements of Community law. ------------- Alin. ((13) of art. 33 33 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (14) Persons appointed under the terms of this Article may not be delegated, seconded, transferred and may not promote to other courts or prosecutors ' offices for at least 3 years after appointment. ------------- Alin. ((14) of art. 33 33 has been amended by section 4 4 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (15) Judges of the Constitutional Court who, at the time of appointment, had the position of judge or prosecutor have the right, upon termination of their mandate, to return to the post previously held. + Article 34 (1) Before beginning to exercise his office, judges and prosecutors take the following oath: " I swear to respect the Constitution and the laws of the country, to defend the fundamental rights and freedoms of the person, to perform my duties with honor, conscience and no bias. So help me God! " The reference to divinity from the oath formula changes according to the religious faith of judges and prosecutors and is optional. (2) The refusal of the swearing-in shall entail the nullity of the appointment. (3) The oath shall be filed at the solemn sitting, before the judges of the court or, as the case may be, of the prosecutors of the prosecutor's office to which the judge or prosecutor was appointed, after reading the appointment (4) The submission of the oath shall be recorded in a minutes, which shall be signed by the head of the court or, as the case may be, of the prosecutor's office and of 2 of the judges or prosecutors present, as well as the one who was sworn (5) The removal of the oath is not necessary in case of transfer or promotion of the judge or prosecutor to another position. + Chapter IV Continuous professional training and regular evaluation of judges and prosecutors + Article 35 (1) The continuing professional training of judges and prosecutors is the guarantee of independence and impartiality in the exercise of office. (2) The continuing professional training must take into account the dynamics of the legislative process and consists mainly in the knowledge and deepening of the internal legislation, of the European and international documents to which Romania is a party, of the jurisprudence the courts and the Constitutional Court, the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Communities, the comparative law, the deontological norms, the multidisciplinary approach of the institutions with character of novelty, as well as in the knowledge and deepening of some languages foreign and computer operation. + Article 36 The responsibility for the continuous professional training of judges and prosecutors lies with the National Institute of Magistracy, the heads of courts or prosecutors ' offices in which they operate, as well as each judge and Prosecutor, by individual training. + Article 37 (1) Judges and prosecutors participate, at least every 3 years, in continuous vocational training programs organized by the National Institute of Magistracy, by higher education institutions in the country or abroad or in other forms of professional improvement. (2) Judges and prosecutors have an obligation to follow in the framework of continuing vocational training programs an intensive course for learning or deepening a foreign language and an intensive course for initiating or deepening knowledge of computer operation organized by the National Institute of Magistracy or by courts or prosecutors ' offices, by higher education institutions in the country or abroad, as well as by other specialized institutions. (3) The Superior Council of Magistracy approves annually, at the proposal of the National Institute of Magistracy, the program of continuous professional training of judges and prosecutors. (4) The continuous professional training of judges and prosecutors is carried out taking into account the need for their specialization. + Article 37 ^ 1 ((1) The expenses of accommodation and meals of judges, prosecutors, legal specialist staff assimilated to judges and prosecutors, justice auditors, training staff provided for art. 108 108 of Law no. 304/2004 on judicial organization, republished, with subsequent amendments and completions, which participate in the continuous professional training activities organized by the National Institute of Magistracy, shall be borne from the budget of this institution. (2) The maximum ceiling of the expenses provided in par. (1) is established by decision of the President of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy (3) The transport costs of judges, prosecutors, legal specialist personnel assimilated to judges and prosecutors, who participate in the continuous professional training activities organized by the National Institute of The magistracy, it is borne from the budget of the institutions where they perform the (4) The transport costs of the justice auditors and the training staff of the National Institute of Magistracy, which participate in the continuous professional training activities organized by the National Institute of Magistracy, shall be supports the budget of this institution. (5) Judges, prosecutors, legal specialist staff assimilated to judges and prosecutors, auditors of justice, as well as training staff participating in training activities organized by the National Institute of Magistracy does not benefit from the delegation allowance from the institutions where they perform the basic function. (6) The transport expenses of the members of the Scientific Council of the National Institute of Magistracy who do not have their domicile in Bucharest shall be borne from the budget of the National Institute ------------- Alin. ((6) art. 37 ^ 1 was introduced by section 1. 2 2 of the single article of LAW no. 118 118 of 24 April 2009 , published in MONITORUL OFFICIAL no. 285 of 30 April 2009, which completes the section 4 4 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. ------------ Article 37 ^ 1 has been introduced by item 4 4 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. + Article 38 (1) Within each appellate court and within each parquet of the appellate court, continuous professional training activities shall be organized periodically, consisting of consultations, debates, seminars, sessions or round tables, with participation National Institute of Magistracy. Their theme is approved by the Superior Council of Magistracy. ((1 ^ 1) The expenses related to the organization of the activities provided ((1), including those regarding accommodation, meals and transport of training staff and participants, shall be borne from the budget of the court of appeal or, as the case may be, of the prosecutor's office of the appellate court. ------------ Alin. ((1 ^ 1) of art. 38 38 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. (1 ^ 2) The maximum ceiling of the expenses provided in par. (1 ^ 1) is established by order of the Minister of Justice, respectively of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. ------------- Alin. ((1 ^ 2) art. 38 38 has been amended by section 3 3 of the single article of LAW no. 118 118 of 24 April 2009 , published in MONITORUL OFFICIAL no. 285 285 of 30 April 2009, amending section 5 5 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. ((1 ^ 3) Expenses with salaries of training personnel participating in the activities referred to in par. (1) shall be borne from the budget of the appellate court or, as the case may be, of the prosecutor's office of the Provisions art. 108 108 para. ((3) of Law no. 304/2004 , republished, with subsequent amendments and completions, shall apply accordingly. ------------ Alin. ((1 ^ 3) of art. 38 38 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. ((1 ^ 4) Judges, prosecutors, as well as training staff participating in the activities referred to in par. ((1) shall not benefit from the delegation allowance from the institutions where they perform the basic function. ------------ Alin. ((1 ^ 4) of art. 38 38 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 195 195 of 25 November 2008 , published in MONITORUL OFFICIAL no. 825 825 of 8 December 2008. (2) The President of the Court of Appeal or, as the case may be, the Prosecutor General of the Prosecutor's Office of the Court of Appeal shall designate the judges, respectively the prosecutors, who shall be responsible for the organization of the prosecutors from the court of appeal and the courts of her constituency, respectively from the prosecutor's office of the court of appeal and subordinate prosecutors ' offices. + Article 39 (1) In order to verify the fulfilment of the criteria of professional competence and performance the judges and prosecutors shall be subjected every 3 years to an evaluation on efficiency, quality of activity and integrity, obligation of professional training continues and graduates of specialization courses, and in the case of judges and prosecutors appointed to management positions, and the way of carrying out managerial duties. (2) The first evaluation of judges and prosecutors is made 2 years after the appointment. (3) The assessment provided in par. (1) shall be made by commissions constituted by decision of the Superior Council of Magistracy, separate for judges and prosecutors, consisting of the president of the court or, as the case may be, the head of the prosecutor's office, section or direction of the in addition to the High Court of Cassation and Justice or the National Anti-Corruption Directorate, as well as of 2 judges or prosecutors appointed by the governing college. (4) Of the commissions for the evaluation of prosecutors in the Directorate for Investigating Organized Crime and Terrorism and the National Anti-Corruption Directorate are also the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and, respectively, the chief prosecutor of the National Anti-Corruption Directorate who directly respond to the performance of these structures. (5) The criteria for the evaluation of the professional activity of judges and prosecutors are set out in Annex *) which is an integral part of this law. ------------ * *) art. III of Title XVII of Law no. 247/2005 , at the end of the term art. II para. (2), the Annex to Law no. 303/2004 , as amended, shall be repealed. (6) The regulation on the evaluation of the professional activity of judges and prosecutors is approved by decision of the Superior Council of Magistracy. + Article 40 (1) By the evaluation report of the professional activity of the judge or prosecutor prepared by the commissions provided for in art. 39 39 para. ((3) or (4), one of the ratings may be awarded: "very good", "good", "satisfactory" or "unsatisfactory". (2) Judges or prosecutors dissatisfied with the qualification granted may appeal to the appropriate section of the Superior Council of Magistracy, within 30 days of communication. (3) In the resolution of the appeal, the sections of the Superior Council of Magistracy may ask the head of the court or prosecutor's office or the commissions or persons referred to 39 39 para. ((3) or (4) any information it considers necessary, and summoning the judge or prosecutor to be heard is mandatory. (4) The decisions of the sections can be appealed to the Plenum of the Superior Council of Magistracy. The decisions of the Plenum of the Superior Council of Magistracy, as a court, are final and irrevocable. + Article 41 (1) Judges and prosecutors who receive the "unsatisfactory" rating 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 "satisfactory" rating following two consecutive assessments are obliged to follow for a period between 3 and 6 months special courses organized by the National Institute of Magistracy. (3) The courses provided in par. (1) and (2) end by taking an examination, under the conditions of this law. (4) The judge or prosecutor who receives following two consecutive assessments the "unsatisfactory" rating or who did not pass the exam provided in par. (3) is issued from office for professional incapacity by the President of Romania, at the proposal of the Superior Council of Magistracy. + Article 42 (1) The evolution of the career of judge or prosecutor shall be recorded in the sheet of the professional file, which shall be drawn up and kept by the Superior Council of Magistracy. (2) The data contained in the professional file are confidential, under the conditions provided by law. (3) Judges and prosecutors have access to their own professional file and can obtain copies of existing documents in the file. + Chapter V Promotion of judges and prosecutors and appointment to management positions + Section 1 Promotion to the courts, courts of appeal and to the prosecutor's offices + Article 43 (1) The promotion of judges and prosecutors is made only by competition organized at national level, within the limits of the vacancies existing at the courts and courts of appeal or, as the case may be, at the prosecutor's offices. (2) The contest for the promotion of judges and prosecutors is organized, annually or whenever necessary, by the Superior Council of Magistracy, through the National Institute of Magistracy. (3) The Commission for the Promotion of Judges is made up of judges from the High Court of Cassation and Justice, judges from the courts of appeal and trainers of the National Institute of Magistracy, appointed by decision of the Superior Council of Magistrates, at the proposal of the National Institute of Magistracy. (4) The commission for the promotion of prosecutors is made up of prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, prosecutors from the prosecutor's offices of the courts of appeal and trainers of the National Institute of Magistracy, appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy (5) The date, place, conduct of the contest and the vacancies for which the competition is organized shall be communicated to all judges and prosecutors, through the courts of appeal and prosecutor's offices, and shall be published on the website of the Superior Council of The magistracy, of the National Institute of Magistracy, of the Prosecutor's Office of the High Court of Cassation and Justice and in three central daily newspapers, at least 60 days before the date set for the competition. + Article 44 (1) I can participate in the promotion contest at the courts or prosecutors immediately superior judges and prosecutors who had the rating "very well" at the last evaluation, were not disciplined in the last 3 years and meet the following minimum conditions of age: a) 5 years old as judge or prosecutor, for promotion to the positions of judge of court or specialized court and prosecutor at the prosecutor's office of the court or at the prosecutor's office of the specialized court; b) 6 years old as judge or prosecutor, for the promotion to the positions of judge of appeal court and prosecutor at the prosecutor's office c) 8 years old as judge or prosecutor, for promotion as prosecutor at the Prosecutor's Office of the High Court of Cassation and Justice. ((2) Cease legal effects. ---------- Alin. ((2) of art. 44 ceased its legal effects as a result of admitting the exception of unconstitutionality by CONSTITUTIONAL COURT DECISION no. 785 785 of 12 May 2009 , published in MONITORUL OFFICIAL no. 404 404 of 15 June 2009. (3) The Superior Council of Magistracy shall verify the fulfilment of the conditions provided in ((1). + Article 45 Judges and prosecutors who meet the conditions provided in art. 44 may participate in the competition, in order to promote on the spot, within the number of seats approved annually by the Superior Council of Magistracy. + Article 46 (1) The promotion contest consists of written, theoretical and practical evidence. (. The samples shall consist of: a) depending on the specialization, one of the following subjects: civil law, criminal law, commercial law, administrative law, financial and fiscal law, labor law, family law, private international law; b) jurisprudence of the High Court of Cassation and Justice and jurisprudence of the Constitutional Court c) the jurisprudence of the European Court of Human Rights and the case-law of the Court d) civil procedure or criminal procedure, depending on the specialization of the judge or prosecutor. (3) The procedure for conducting the contest, including the manner of contesting the results is provided in the Regulation on the organization and conduct of the contest for the promotion of judges and prosecutors (4) Provisions art. 30 30 para. ((6) shall apply accordingly. + Article 47 No later than 30 days after the communication of the results, the Superior Council of Magistracy shall order, by decision, the promotion of declared judges and prosecutors. + Section 2 Appointment to the management positions of the courts, tribunals, appellate courts and appropriate prosecutor's offices + Article 48 (1) The appointment to the positions of president and vice president to judges, tribunals, specialized courts and appeals courts shall be made only by contest or organized examination, whenever necessary, by the Superior Council of Magistracy, by National Institute of Magistracy. (2) The judges who have the rating "very well" at the last evaluation, have not been disciplined in the last 3 years and meet the conditions of seniority provided by law. ((3) Judges shall submit their applications accompanied by any other acts considered relevant, within 20 days from the publication of the date of the contest or examination, at the National Institute of Magistracy. (4) The contest or examination consists in the presentation of a project on the exercise of the duties specific to the management function and in written evidence on management, communication, human resources, the candidate's ability to make decisions and to assume liability, stress resistance and a psychological test. (5) The examination board is appointed by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy, and consists of 2 judges from the High Court of Cassation and Justice, 2 judges from the courts of appeal and 3 specialists in management and institutional organization. At the constitution of the commissions will be considered, mainly, the judges who have attended management courses. (6) The date, place, as well as the Rules of organization of the contest or examination elaborated by the National Institute of Magistracy are approved by the Superior Council of Magistracy and shall be displayed on the website of the National Institute of Magistracy, Ministry of Justice, Superior Council of Magistracy and at the premises of the courts, at least 30 days before the date of its conduct. (7) The Superior Council of Magistracy validates the outcome of the contest or the examination and appoints the judges to the management positions within 15 days from the date of display of the final results. Art. 30 30 para. ((6) shall apply accordingly. (8) The appointment of the judges who obtained the best result in the competition or, as the case may be, were declared admitted to the exam in the positions for which they ran for a period of 3 years, with the possibility of reinvestment, only once, under the conditions provided in par. ((1). (9) The appointment of judges in the other management positions is made for a period of 3 years, with the possibility of reinvesting only once, by the Superior Council of Magistracy, at the proposal of the president of the court. (10) The judges who were part of the information services before 1990 may not be appointed or have collaborated with them or the judges who have a personal interest, influence or influence the performance with the objectivity and impartiality of the duties provided by law. (11) Judges participating in the competition or examination, as well as those proposed for a management position are required to give a self-declaration showing that they were not part of the information services before 1990 and nor have they collaborated with them, as well as a declaration of interests that is updated annually or within 15 days of the occurrence of a change or from the date on which the judge became aware of it. (12) Prior to the appointment to the leadership positions, the National Council for the Study of Security Archives checks and communicates, within 15 days of the request of the Superior Council of Magistracy, whether the judge was part of the services of information before 1990 or collaborated with them. (13) The record of vacant posts of management from the courts is public and permanently available on the Internet pages of the Superior Council of Magistracy, the National Institute of Magistracy and the Ministry of Justice, such as and by display at the courts of the courts. ((14) The appointment in management positions according to this Article shall be made no later than 6 months after the date on which they become vacant. + Article 49 (1) The appointment to the offices of prosecutor general of the prosecutor's office of the appellate court, first prosecutor of the prosecutor's office of the court, first prosecutor of the prosecutor's office of the juvenile and family court or first prosecutor of the prosecutor's office on Next to the court and their deputies are made only through competition or organized exam, whenever necessary, by the Superior Council of Magistracy, through the National Institute of Magistracy. (2) The prosecutors who have the rating "very well" at the last evaluation, have not been disciplined in the last 3 years and meet the conditions of seniority provided by law. ((3) Prosecutors shall submit their applications accompanied by any other acts considered relevant, within 20 days from the publication of the date of the contest or examination, at the National Institute of Magistracy. (4) Provisions art. 48 48 para. ((4) shall apply accordingly. (5) The examination board is appointed by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy, and consists of 2 prosecutors from the Prosecutor's Office of the High Court of Cassation and Justice, 2 prosecutors from the prosecutor's offices besides the courts of appeal and 3 specialists in management and institutional organization. At the constitution of the commissions will be considered, mainly, prosecutors who have attended management courses. (6) The date, place, as well as the Rules of organization of the contest or examination elaborated by the National Institute of Magistracy are approved by the Superior Council of Magistracy and shall be displayed on the website of the Prosecutor's Office of the High Court of Cassation and Justice, of the National Institute of Magistracy, of the Superior Council of Magistracy, of the Ministry of Justice and at the offices of the prosecutor's offices, at least 30 days before the date of its conduct. (7) The Superior Council of Magistracy validates the result of the contest or examination and appoints the prosecutors in the management positions within 15 days from the date of the display of the final results. Art. 30 30 para. ((6) shall apply accordingly. (8) The appointment of the prosecutors who obtained the best result at the competition or, as the case may be, were declared admitted to the exam in the positions for which they ran for a period of 3 years, with the possibility of reinvesting, only once, under the conditions provided in par. ((1). (9) The appointment in the other management positions at the prosecutor's offices is made for a period of 3 years, with the possibility of reinvesting only once, by the Superior Council of Magistracy, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice. (10) For appointment to the management positions referred to in par. (9) the recommendation of the prosecutor of the prosecutor's office where the prosecutor is to be appointed (11) Provisions art. 48 48 para. ((10)-(12) and (14) shall also apply accordingly to the appointment of prosecutors in the management positions. (12) The record of the vacant driving positions from the prosecutor's offices is public and permanently available on the Internet pages of the Prosecutor's Office of the High Court of Cassation and Justice, the Superior Council of Magistracy, the National Institute of Magistracy and Ministry of Justice, as well as display at the offices of the prosecutor's offices + Article 50 (1) For appointment to management positions, the following minimum conditions of seniority are required: a) for the position of president and vice president of judge, first prosecutor of the prosecutor's office of the court and deputy of him, a 5-year-old as judge or prosecutor; b) for the position of president and vice president of tribunal or specialized court, as well as section president at the courthouse, first prosecutor of the prosecutor's office of the court or of the prosecutor's office of the juvenile and family court, deputy of him and chief prosecutor section of the prosecutor's office of the court or of the prosecutor's office of the juvenile and family court, a 6-year-old in the position of judge or prosecutor; c) for the position of president, vice-president, section president at the court of appeal, prosecutor general of the prosecutor's office of the appellate court and his deputy, chief prosecutor of the prosecutor's office of the court of appeal, an 8-year-old as judge or prosecutor. ((2) Cease legal effects. ---------- Alin. ((2) of art. 50 ceased its legal effects as a result of admitting the exception of unconstitutionality by CONSTITUTIONAL COURT DECISION no. 176 176 of 26 March 2014 , published in MONITORUL OFFICIAL no. 351 351 of 13 May 2014. (3) For appointment to management positions, the judge and the prosecutor must have the right to operate at the court or, as the case may be, the prosecutor's office to which he is to be appointed as management. + Article 51 (1) Upon termination of office of management the judges or prosecutors may occupy, under the conditions provided by art. 48, 49 and 50, a leading position at the same court or at the same prosecutor's office or at another court or parquet or return to the courts or prosecutors where they come from or to a court or parquet where they have the right to operate according to the law. (2) The dismissal from the position of management of judges shall be ordered by the Superior Council of Magistracy, ex officio or at the proposal of the general assembly or of the president of the court, for the a) if they no longer meet one of the conditions required for appointment to the position of management; b) in case of improper exercise of managerial duties on effective organization, behavior and communication, assumption of responsibilities and managerial skills; c) in case of application of one of the disciplinary sanctions (3) In order to verify the effective organization of the activity, the following criteria will be considered mainly: the proper use of human and material resources, the assessment of needs, the management of crisis situations, the ratio of invested resources- results obtained, information management, organization of professional training and improvement and assignment of tasks in the courts or prosecutors ' offices. (4) When verifying the conduct and communication, the conduct and communication with the judges, prosecutors, auxiliary staff, litigants, persons involved in the act of justice, other institutions, the media, ensuring access to public interest information within the court or prosecutor's office and transparency of the driving act. (5) Upon verification of the assumption of responsibility will be considered, mainly, the performance of the duties provided by law and regulations, the implementation of national and sequential strategies in the field of justice and the respect of random distribution or, where appropriate, the objective distribution of causes. (6) In the verification of managerial skills will be considered, mainly, organizational capacity, rapid decision-making capacity, stress resistance, self-improvement, analysis capacity, synthesis, foresight, strategy and planning. short, medium and long term, the initiative and the ability to adapt quickly. (7) The return from the position of management of the prosecutors shall be ordered by the Superior Council of Magistracy, ex officio or at the proposal of the general assembly or the head of the prosecutor's office, for the reasons provided in ((2) which shall apply accordingly. + Section 3 Promotion as a judge at the High Court of Cassation and Justice and appointment to the leadership positions of the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice and the National Anti-Corruption Directorate + Article 52 (1) The promotion to the position of judge at the High Court of Cassation and Justice is made only by organized competition whenever necessary, within the limits of vacancies, by the Superior Council of Magistracy, through the National Institute of Magistracy. (2) The date, place, mode of conduct of the contest and the vacancies for which the competition is organized shall be communicated to all judges and prosecutors through the courts of appeal, through the prosecutor's offices of the appellate courts and the Prosecutor's Office of the The High Court of Cassation and Justice and is published on the website of the Superior Council of Magistracy, the National Institute of Magistracy, the High Court of Cassation and Justice, the Prosecutor's Office of the High Court of Cassation and Justice, as well as in 3 central dailies, at least 40 days before the date set for pageant. ------------ Alin. ((2) of art. 52 52 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 , published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. (3) I can participate in the promotion contest as judge at the High Court of Cassation and Justice judges and prosecutors who have at least the degree of appeal or parquet court of the appellate court, who have effectively fulfilled at least 3 years the position of judge at the court of appeal or prosecutor at the prosecutor's office of the court of appeal or at the Prosecutor's Office of the High Court of Cassation and Justice, obtained the rating "very well" at the last 3 assessments, were never disciplined *) and have a seniority as a judge or prosecutor of at least 15 years. ------------- Alin. ((3) of art. 52 52 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 , published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. (4) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (5) The Superior Council of Magistracy verifies the fulfilment of the conditions laid down in --------------- Article 52 has been amended by section 4.2. 1 1 of art. I of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. + Article 52 ^ 1 (1) Applications for registration for the promotion contest as judge at the High Court of Cassation and Justice shall include the specification of the section for which the application is submitted. (2) The contest for promotion as judge at the High Court of Cassation and Justice consists of: a) a sample having as its object the evaluation of acts drawn up by candidates or concerning their activity; b) an interview held before the Plenum of the Superior Council of Magistracy; c) a written test of a practical nature. ------------ Alin. ((2) of art. 52 ^ 1 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. (3) The competition commissions are appointed by decision of the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy. ------------ Alin. ((3) of art. 52 ^ 1 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. (4) The competition committees are made up of judges from the High Court of Cassation and Justice, university teaching staff from law faculties at universities of advanced research and education, as they are classified. according to art. 193 193 para. ((4) lit. c) of the National Education Law no. 1/2011 , with subsequent amendments and completions, and trainers of the National Institute of Magistracy. ----------- Alin. ((4) of art. 52 ^ 1 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. (5) Members of the commissions referred to in par. (3) may not have political affiliation at the date of formation of commissions. ((6) Abrogat. ------------- Alin. ((6) of art. 52 ^ 1 was repealed by section 1. 3 3 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. (7) They cannot be members of the commissions provided in par. (3) persons who have their spouse, relatives or afini up to the fourth degree inclusive, among the candidates. --------------- Art. 52 ^ 1 was introduced by item 2 2 of art. I of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. + Article 52 ^ 2 (1) In the event provided for in art. 52 ^ 1 para. ((2) lit. a), at the request of the competition commissions, the Superior Council of Magistracy will request, through the appeals courts or, as the case may be, the prosecutor's offices of the appellate courts or the Prosecutor's Office of the High Court of Cassation and Justice, judicial decisions or, as the case may be, acts prepared by candidates or concerning their activity, from the last 5 years of activity, as well as the other data necessary for the evaluation according to this (2) Any person may transmit to the competition commissions acts of the nature of those provided in par. (1), drawn up by candidates, which can be analyzed in the sample having as their object the evaluation of the documents drawn up by the candidates or concerning their activity. (3) The applications for registration for the competition shall be published on the website of the Superior Council of Magistracy and the High Court of Cassation and Justice, accompanied by an announcement informing the public the possibility of any person to transmit to the competition commissions acts of the nature of those provided in par. ((1), drawn up by candidates, as well as the term in which they may be transmitted. (4) The acts referred to in par. (1) shall be published on the website of the Superior Council of Magistracy, in compliance with the legal provisions on the protection of personal data, in order to be subject to public debate for a period of 7 days from publication. The referrals or comments received from the public opinion may be considered at the evaluation by the competition committees. ------------- Article 52 ^ 2 has been amended by section 2. 4 4 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. + Article 52 ^ 3 (1) For the candidates judges, the evaluation provided in art. 52 52 ^ 2 has as its object: a) verification of the analysis and synthesis capacity; b) verification of consistency in expression; c) verification of the argument from the point of view of clarity and logic; d) repealed; ----------- Lit. d) a par. ((1) of art. 52 ^ 3 was repealed by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. e) repealed; ----------- Lit. e) a par. ((1) of art. 52 ^ 3 was repealed by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. f) repealed; ----------- Lit. f) a par. ((1) of art. 52 ^ 3 was repealed by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. g) repealed; ----------- Lit. g) a par. ((1) of art. 52 ^ 3 was repealed by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. h) repealed; ----------- Lit. h) a par. ((1) of art. 52 ^ 3 was repealed by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. i) repealed; ----------- Lit. i) a par. ((1) of art. 52 ^ 3 was repealed by section 3. 5 5 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. j) verification of compliance with reasonable deadlines for the resolution of cases and drafting of decisions. (2) Provisions of para. (1) shall also apply accordingly to the evaluation of the candidates prosecutors provided for in art. 52 52 ^ 2. (3) In the assessment procedure, the competition committees may ask the candidates for explanations on any aspect subject to the assessment. --------------- Art. 52 ^ 3 was introduced by item 2 2 of art. I of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. + Article 52 ^ 4 (1) In the event of the interview, the Plenum of the Superior Council of Magistracy assesses aspects regarding the integrity of (2) At the meeting of the Plenum of the Superior Council of Magistracy in which the interview is held will participate, with an advisory role, and a psychologist appointed by the plenary, who will be able to ask questions of candidates for the purpose of assessing human and their social. (3) The evaluation of the integrity of the candidates is based on the report prepared by the Judicial Inspection in this aspect, as well as the answers received from the candidate to the questions asked on the basis of this report, of the existing data on the file professional, the documents submitted by the candidate, the way the candidate relates to values such as the independence of the judiciary, the impartiality of the magistrates, the integrity and the issues raised in the discussions. -------------- Article 52 ^ 4 has been amended by section 4.2. 6 6 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. + Article 52 ^ 5 (1) The maximum score that can be attributed to the samples provided in art. 52 ^ 1 para. (2) is 100 points, distributed as follows: a) 40 points for the test provided in art. 52 ^ 1 para. ((2) lit. a); b) 20 points for the test provided in art. 52 ^ 1 para. ((2) lit. b); c) 40 points for the test provided in art. 52 ^ 1 para. ((2) lit. c). (2) The minimum score to be declared admitted to the samples provided in art. 52 ^ 1 para. ((2) is as follows: a) 28 points for the test provided in art. 52 ^ 1 para. ((2) lit. a); b) 14 points for the test provided in art. 52 ^ 1 para. ((2) lit. b); c) 28 points for the test provided in art. 52 ^ 1 para. ((2) lit. c). (3) The minimum score to be declared admitted to the competition is 70 points. ------------- Article 52 ^ 5 has been amended by section 4.2. 7 7 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. + Article 52 ^ 6 (1) Written test provided in art. 52 ^ 1 para. ((2) lit. 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, financial and fiscal law and labour law; b) the jurisprudence of the European Court of Human Rights and the case-law of the Court c) civil procedure or criminal procedure, depending on the specialization of the judge or prosecutor. (2) When drawing up the subjects for the test provided in par. (1) the jurisprudence of the High Court of Cassation and Justice and that of the Constitutional Court will be considered. ----------- Article 52 ^ 6 has been amended by section 4.2. 8 8 of art. I of EMERGENCY ORDINANCE no. 81 81 of 4 December 2012 published in MONITORUL OFFICIAL no. 837 837 of 12 December 2012. + Article 52 ^ 7 (1) Within no more than 15 days from the communication of the results of the promotion contest as judge at the High Court of Cassation and Justice, the Superior Council of Magistracy shall order, by decision, the promotion of declared candidates admitted. (2) The procedure for conducting the promotion contest as judge at the High Court of Cassation and Justice, including the manner of contesting the results shall be established by regulation approved by the Superior Council of Magistracy, in compliance with this law, by decision that is published in the Official Gazette of Romania, Part I. --------------- Art. 52 ^ 7 was introduced by item 2 2 of art. I of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. + Article 53 (1) The President, the Vice-President and the Presidents of Departments of the High Court of Cassation and Justice shall be appointed by the President of Romania, at the proposal of the Superior Council of Magistracy, among the judges of the High Court of Cassation that have worked at this court for at least 2 years. (2) The President of Romania cannot refuse the appointment to the leadership positions provided in par. (1) than motivated, bringing to the attention of the Superior Council of Magistracy the reasons for refusal (3) The appointment in the functions referred to in par. (1) is made for a period of 3 years, with the possibility of reinvesting only once. (4) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (5) Judges of the High Court of Cassation and Justice who meet the conditions provided in par. (1) may submit their applications for the office of president or deputy chairman of the High Court of Cassation and Justice or section president, at the Superior Council of Magistracy, within 30 days from the date on which the office of president, Vice president or precinct president has become vacant. (5 ^ 1) If the positions of President or Vice President of the High Court of Cassation and Justice or section president become vacant as a result of the expiration of the mandate, the application shall be submitted at least 30 days before the expiration of the the mandate, but not earlier than 60 days until the time when the function is to vacate. --------------- Alin. (5 ^ 1) of art. 53 53 was introduced by art. unique of EMERGENCY ORDINANCE no. 48 48 of 21 May 2013 , published in MONITORUL OFFICIAL no. 303 303 of 28 May 2013. (6) The return from office of the President, of the Vice-President or of the Presidents of Departments of the High Court of Cassation and Justice shall be made by the President of Romania on the proposal of the Superior Council of Magistracy, which may refer to the office, at the request of a third of the members or at the request of the general meeting of the court, for the reasons provided 51 51 para. ((2) which shall apply accordingly. + Article 54 (1) The Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, the First Deputy and his Deputy, the Chief Prosecutor of the National Anti-Corruption Directorate, his deputies, the chief section prosecutors of these prosecutor's offices, as well as the chief prosecutor of the Directorate for Investigation of Organized Crime and Terrorism and their deputies are appointed by the President of Romania, at the proposal of the Minister of Justice, with the opinion of the Superior Council of Magistracy, between prosecutors who have a minimum age of 10 years as a judge or prosecutor, on a period of 3 years, with the possibility of reinvesting only once. (2) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (3) The President of Romania may refuse to motivate the appointment to the management positions referred to in (1), bringing to the public knowledge the reasons for refusal. (4) Revocation of prosecutors from the management positions provided in par. (1) shall be made by the President of Romania, at the proposal of the Minister of Justice who may be referred ex officio, at the request of the general meeting or, as the case may be, of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation the chief prosecutor of the National Anti-Corruption Directorate, with the opinion of the Superior Council of Magistracy, for the reasons provided in art. 51 51 para. ((2) which shall apply accordingly. + Article 55 (1) The appointment in the other management positions within the Prosecutor's Office of the High Court of Cassation and Justice and of the National Anti-Corruption Directorate is made for a period of 3 years, with the possibility of reinvesting only once, by the Council Superior of Magistracy, at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or the Chief Prosecutor of the National Anticorruption Directorate, as the case may be. (2) For appointment to the management positions referred to in par. (1) it is necessary to recommend to the head of the section or, as the case may be, the direction of the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate, where the prosecutor is (3) Provisions art. 48 48 para. ((10)-(12) shall apply accordingly. (4) Revocation from the management positions of prosecutors appointed according to par. (1) is ordered by the Superior Council of Magistracy, ex officio or at the proposal of the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice or, as the case may be, the chief prosecutor of the National Anticorruption Directorate, for the reasons provided in art. 51 51 para. ((2) which shall apply accordingly. (5) The proposal provided in par. (4) may be made ex officio or at the referral of general meetings or heads of sections or, as the case may be, of the directorate of the Prosecutor's Office of the High Court of Cassation and Justice or the National Anti-Corruption Directorate. + Article 56 Upon termination of the mandate for the management positions provided in art. 53, 54 and 55, judges or prosecutors return to the courts or prosecutors where they come from or to a court or parquet where they have the right to operate according to the law. + Chapter VI Delegation, posting and transfer + Article 57 (1) Where a court or tribunal or a specialized tribunal cannot function normally due to the temporary absence of judges, the existence of vacancies or other such cases, the President of the Court of Appeal, on a proposal the president of that court in the constituency of that court of appeal, may delegate judges from other courts of the said constituency, with their written consent. (2) The delegation of judges from judges, tribunals and tribunals specialized in the constituency of another court of appeal shall be ordered, with their written consent, by the Superior Council of Magistracy, at the request of the President of the Court of Appeal in the constituency to which the delegation is required and the opinion of the President of the Court of Appeal where they (3) The delegation of the judges of the courts of appeal shall be ordered, with their written consent, by the Superior Council of Magistracy, at the request of the President of the Court (4) The delegation to the positions of management of the judges of the courts of appeal, tribunals, specialized courts and judges shall be ordered, with their written consent, by the Superior Council of Magistracy, until the appointment by appointment in conditions of this law (5) The delegation to the leadership positions of the High Court of Cassation and Justice of the judges at this court shall be ordered by the Superior Council of Magistracy, with their written consent, on the proposal of the President of the High Court of Cassation and Justice. (6) The delegation of judges may be made for a period of no more than 6 months and may be extended, with their written consent, no more than 6 months. ------------- Alin. ((6) of art. 57 57 has been amended by art. I of EMERGENCY ORDINANCE no. 59 59 of 27 May 2009 , published in MONITORUL OFFICIAL no. 439 439 of 26 June 2009. (7) In the interest of the service, prosecutors may be delegated, with their written consent, including in management positions, by the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice, at the prosecutor's offices of the Ministry Public for a period of no more than 6 months. ------------- Alin. ((7) of art. 57 57 has been amended by art. I of EMERGENCY ORDINANCE no. 59 59 of 27 May 2009 , published in MONITORUL OFFICIAL no. 439 439 of 26 June 2009. (8) The delegation of prosecutors may be extended, with their written consent, no more than 6 months. ------------- Alin. ((8) of art. 57 57 has been amended by art. I of EMERGENCY ORDINANCE no. 59 59 of 27 May 2009 , published in MONITORUL OFFICIAL no. 439 439 of 26 June 2009. (8 ^ 1) In the interest of the service, assistant magistrates may be delegated, with their written consent, in the positions of first-magistrate-assistant or magistrate-assistant-chief by the president of the High Court of Cassation and Justice, for a period of no more than 6 Monday. The delegation of assistant magistrates can be extended, with their written consent, no more than 6 months. During the delegation period, the assistant magistrates benefit from all the rights provided by law for the position in which they are delegated. --------------- Alin. (8 ^ 1) of art. 57 57 has been introduced by section 3 3 of art. I of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. (9) During the delegation of the judges and prosecutors shall enjoy all the rights provided by law for the position in which they are delegated. When the salary and other money rights provided for the position in which the judge is delegated or the prosecutor are inferior, he shall keep his monthly employment allowance and other money rights. + Article 58 (1) The Superior Council of Magistracy has the posting of judges and prosecutors, with their written consent, to other courts or prosecutors, to the Superior Council of Magistracy, the National Institute of Magistracy, the Ministry of Justice or to the units subordinated to it or to other public authorities, in any functions, including those of public dignity appointed, at the request of these institutions, as well as at institutions of the European Union or international organisations. --------------- Alin. ((1) of art. 58 58 has been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. (2) The duration of the posting is between 6 months and 3 years. The posting is extended only once, for a duration of up to 3 years, under the conditions provided in par. ((1). (3) During the period of posting, judges and prosecutors retain the status of judge or prosecutor and benefit from the rights provided by law for seconded personnel. When the salary and other money rights provided for the position in which the judge or prosecutor is posted are inferior, he shall keep his monthly employment allowance and other money rights. ((3 ^ 1) Judges, prosecutors and staff assimilated to them, posted abroad for actions in the interest of the service, benefit from rights and have the obligations established by the special rules of the institution to which they are posted. ------------- Alin. (3 ^ 1) of art. 58 58 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (3 ^ 2) In the absence of special rules provided in par. (3 ^ 1), staff posted abroad benefit from the following rights: a) the monthly employment allowance, plus the permanent bonuses provided by law for the position previously held by the posting; b) the settlement of the transport cost between the place of residence and the place of posting, at the beginning and at the end of the posting period, as well as for the performance of the holiday in the country c) settlement of the rent, within the ceiling set annually, according to the limit of the budget allocated for this purpose, by the law of the state budget, by joint order of the Minister of Justice, of the President of the Superior Council of Magistracy, of the The High Court of Cassation and Justice, the Prosecutor General of the Prosecutor's Office of the High Court of Cassation and Justice and the chief prosecutor of the National Anti-Corruption Directorate; -------------- Lit. c) a par. (3 ^ 2) of art. 58 58 has been amended by section 4.2 5 5 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 5 5 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. d) per diem, in the amount provided by law for the movement abroad of the secretaries of state. ------------- Alin. (3 ^ 2) of art. 58 58 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. ((3 ^ 3) Staff posted abroad cannot benefit in the country from the same rights granted by the institution where it is posted. ------------- Alin. (3 ^ 3) of art. 58 58 has been introduced by section 5 5 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (4) The period of posting constitutes seniority as judge or prosecutor. (5) After the end of the posting, the judge or the prosecutor returns to the previous position + Article 59 The posting cannot be done at courts or higher level prosecutor's offices to those to whom the judge or prosecutor has the right to operate according to the law. + Article 60 The transfer of judges and prosecutors from a court to another court or from a prosecutor's office to another prosecutor's office or to a public institution is approved, at the request of those concerned, by the Superior Council of Magistracy. + Article 61 (1) At the reasoned request, the judges may be appointed as prosecutor, and the prosecutors, as judge, by decree of the President of Romania, at the proposal of the Superior Council of Magistracy, in compliance with the conditions provided for in present law. (2) For appointment to the positions referred to in par. (1), the candidates will hold an interview before the section for judges of the Superior Council of Magistracy in the case of prosecutors who request the appointment as judges and the prosecutors ' section of the Superior Council of Magistracy in the case of judges seeking appointment as prosecutor. (3) The President of Romania cannot refuse the appointment to the positions provided in par. (1) than motivated, bringing to the attention of the Superior Council of Magistracy the reasons for refusal + Chapter VII Suspension from office and termination of the position of judge and prosecutor + Article 62 (1) The judge or prosecutor shall be suspended from office in the following cases: a) when he was sent to trial for the commission of a crime; ------------ Lit. a) a par. ((1) of art. 62 62 has been amended by section 4.2 4 4 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. a ^ 1) when the preventive arrest or house arrest was ordered against him; ------------ Lit. a ^ 1) a par. ((1) of art. 62 62 was introduced by section 4.2. 5 5 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. b) when suffering from a mental illness, which prevents him from exercising his function properly. c) when he was disciplined, under the conditions of art. 100 lit. d). ----------- Lit. c) a par. ((1) of art. 62 62 was introduced by section 4.2. 2 2 of art. I of LAW no. 24 24 of 17 January 2012 published in MONITORUL OFFICIAL no. 51 51 of 23 January 2012. (1 ^ 1) By exception to the provisions of par. ((1) lit. a), if the prosecution has intervened for a culpable offence and it is assessed that it does not prejudice the prestige of the profession, the judge or the prosecutor may provisionally prohibit the exercise of certain duties until final settlement of the case. ------------ Alin. ((1 ^ 1) of art. 62 62 has been introduced by section 6 6 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The suspension from office of judges and prosecutors and the provisional prohibition of the exercise of certain powers by them shall be ordered by the Superior Council of Magistracy. ------------ Alin. ((2) of art. 62 62 has been amended by section 7 7 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) During the period of suspension from office, the judge and prosecutor shall not be paid the salary rights. This period is not seniority in the magistracy. (4) During the period of suspension from office, the judge or prosecutor shall not apply the provisions regarding the prohibitions and incompatibilities provided in art. 5 5 and 8. + Article 62 ^ 1 (1) The final conclusion by which the pre-trial detention or house arrest was ordered, the indictment ordering the prosecution or the order ordering the prosecution of a judge or the court to be dismissed. The prosecutor shall communicate within 24 hours to the Superior Council of Magistracy. (2) Within 3 days from the final stay of the judgment rendered in a criminal case against a magistrate, the court of execution shall communicate to the Superior Council of Magistracy copy of the device of the judgment. ------------ Article 62 ^ 1 was introduced by the section 8 8 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 63 (1) The Superior Council of Magistracy shall immediately communicate to the judge or prosecutor and to the management of the court or to the prosecutor's office where it operates the decision ordering the suspension from office. (2) If the ranking, payment or termination of the criminal proceedings to the judge or prosecutor is ordered, the suspension from office ceases, and it is reinstated in the previous situation, the money rights it was deprived of during the period suspension from office and is recognized seniority in the magistracy for this period. (3) Judges and prosecutors may be kept in business if the prosecution was ordered to be dropped or if, by a final decision, the application of the sentence was ordered to be waived. The maintenance in the activity is ordered by the Superior Council of Magistracy, if it is assessed that the crime committed does not prejudice the prestige of the profession. ------------ Article 63 has been amended by section 6.6. 9 9 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 64 (1) In the case provided for in art. 62 62 para. ((1) lit. b), mental illness is found by a specialized expertise, upon referral to the president of the court or the head of the prosecutor's office or of the leading colleges, and the suspension from office is ordered during the period recommended by the medical commission specialty, called under art. 14 14 para. ((2) lit. e). (2) After the expiry of the period referred to in (1), the Superior Council of Magistracy, on the basis of a new expertise, may decide to terminate the suspension and reinstate the judge or prosecutor, extend it or, if the disease is irreversible, propose the release from office according to law (3) During the period of suspension, the judge or prosecutor is paid the health insurance rights, according to the law. + Article 65 (1) Judges and prosecutors shall be relieved of their duties in the following cases: a) resignation; b) retirement, according to law; c) transfer to another position, under the law; d) professional incapacity; e) as disciplinary sanction; f) the conviction and postponement of the sentence ordered by a final decision; ------------ Lit. f) a par. ((1) of art. 65 65 has been amended by section 4.2 10 10 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. f ^ 1) the renunciation of the prosecution and the renunciation of the sentence ordered by a final decision, if it was appreciated that it is not necessary to maintain in office; ------------ Lit. f ^ 1) a par. ((1) of art. 65 65 was introduced by section 4.2. 11 11 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. g) violation of art. 7 7; h) non-promotion of the examination provided in 33 33 para. ((14); i) failure to meet the conditions laid down in 14 14 para. ((2) lit. a), c) and e). (1 ^ 1) By exception to the provisions of par. ((1) lit. f), judges and prosecutors can be held in activity if the conviction or postponement of the application of the sentence was handed down for the crime provided by art. 196 196 para. (2)-(4) of the Criminal Code. The maintenance in the activity is ordered by the Superior Council of Magistracy, if it is assessed that the crime committed does not prejudice the prestige of the profession. ------------ Alin. ((1 ^ 1) of art. 65 65 has been introduced by section 12 12 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) The dismissal of judges and prosecutors shall be ordered by decree of the President of Romania, at the proposal of the Superior Council of Magistracy. (3) The reserve or withdrawal of judges and military prosecutors shall be made under the law, after the dismissal from office by the President of Romania. In case of retirement or transfer, the release from office shall be made after passing into reserve or, as the case may be, in withdrawal. (4) The dismissal of trainee judges and trainee prosecutors shall be made by the Superior Council of Magistracy. (5) If the judge or the prosecutor requests the dismissal by resignation, the Superior Council of Magistracy may set a deadline of no more than 30 days from which the resignation becomes effective, if the presence of the judge or the prosecutor is required (6) The judge or prosecutor released from office for non-imputable reasons retains his professional degree acquired in the hierarchy of courts or prosecutors ' offices. + Article 65 ^ 1 -------------- Alin. ((1) art. 65 ^ 1 was repealed by the single article of LAW no. 77 77 of 1 April 2009 , published in MONITORUL OFFICIAL no. 227 227 of 7 April 2009, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. (2) If, against the decision of dismissal of the judge or prosecutor is exercised the appeal of the appeal, he shall be suspended from office until the irrevocable settlement of the case by the competent court. (3) Provisions art. 63 63 para. ((2) and art. 64 64 para. ((3) shall apply accordingly. --------------- Art. 65 ^ 1 was introduced by item 2 2 of art. I of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. + Chapter VIII Assistant magistrates of the High Court of Cassation and Justice + Article 66 (1) The first-magistrate-assistant, chief-assistants and assistant magistrates of the High Court of Cassation and Justice enjoy stability. (2) The magistrates-assistants are appointed and promoted according to the Superior Council of Magistracy, on the basis of competition. (3) The general conditions for appointment of assistant magistrates are those provided for the position of judge and prosecutor. (4) The provisions of this law on incompatibilities and prohibitions, continuous professional training and periodic evaluation, rights and duties, and disciplinary liability of judges and prosecutors shall apply in a manner correspondingly and the assistant magistrates. + Article 67 (1) The first-magistrate-assistant is promoted between chief-assistants of at least 2 years of age in this position. --------------- Alin. ((1) of art. 67 67 has been amended by section 4 4 of art. I of LAW no. 300 300 of 23 December 2011 , published in MONITORUL OFFICIAL no. 925 925 of 27 December 2011. (2) The third-degree magistrates-assistants are promoted between the magistrates-assistants at least 3 years old in this position. After a period of 2 years as chief assistants can be passed in the second degree and after another 5 years in the first degree. (3) The third-degree assistants are appointed without competition between judges or prosecutors with a seniority in the magistracy of at least 4 years. After a period of 3 years in this position, the assistant magistrates can be listed in the second degree, and after another 3 years in the first degree. (4) The third-degree assistants may be appointed, by competition, also between lawyers, notaries, legal specialist staff provided for in art. 87 87 para. ((1), as well as of clerks with higher legal studies from the courts of appeal and the High Court of Cassation and Justice, at least 5 years old. -------------- Alin. ((4) of art. 67 67 has been amended by section 6 6 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 5 5 ^ 1. + Article 68 (1) The first-magistrate-assistant has the following tasks: a) coordinate the work of the assistant magistrates in the wards and the officials of the Chancellery of the High Court of Cassation and Justice; b) takes part in the meetings of the United Sections of the High Court of Cassation and Justice and the Panel of 9 judges, as a disciplinary court. (2) The first-magistrate-assistant has other powers established by the Regulation on administrative organization and functioning of the High Court of Cassation and Justice. + Article 69 Chief assistants have the following tasks: a) participate in the court hearings of the sections and the Panel of 9 judges; b) apportion to the magistrates-assistants who participate in the court hearings; c) ensure that the records of the sections and the timely realization of all works are kept in good condition. + Article 70 Assistant magistrates attend the court hearings of the wards. + Article 71 The magistrates-assistants who attend the High Court of Cassation and Justice's court hearings draft the terminations, participate in advisory voting in deliberations and draft rulings, according to the distribution made by the president for all members. The court panel. + Article 72 The assistant magistrates shall carry out any other tasks entrusted by the President of the High Court of Cassation and Justice, the Vice-President or the President of the Section. + Title III Rights and duties of judges and prosecutors + Article 73 The establishment of the rights of judges and prosecutors is made taking into account the place and role of justice in the rule of law, the liability and complexity of the office of judge and prosecutor, the prohibitions and incompatibilities provided by law for these functions and aims to guarantee their independence and impartiality. + Article 74 (1) For the work carried out, the judges and prosecutors are entitled to a remuneration established in relation to the level of the court or the prosecutor's office, with the position held, with the seniority in the magistracy and with other criteria provided by law. (2) The salary rights of judges and prosecutors may not be reduced or suspended except in the cases provided by this law. The salarization of judges and prosecutors is established by special law. ((3) Abrogat. --------------- Alin. ((3) of art. 74 74 has been repealed by section 6.6. 3 3 of art. I of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. (4) Military judges and prosecutors are active military and have all rights and obligations arising from this quality. (5) The salary and other rights due to the judges and military prosecutors shall be ensured by the Ministry of National Defence, in accordance with the provisions of the legislation on salaries and other personnel rights in the bodies of the authority courts and regulations regarding the material and money rights specific to the quality of active military and civil employee of this ministry, respectively. (6) The granting of military degrees and the advance in the rank of military judges and prosecutors shall be made according to the rules applicable to permanent staff of the Ministry of National Defence + Article 75 (1) The Superior Council of Magistracy has the right and obligation to defend judges and prosecutors against any act that could affect their independence or impartiality or create suspicions about them. (2) Judges or prosecutors who consider that independence and impartiality are affected in any way by acts of interference in professional activity can be addressed to the Superior Council of Magistracy, in order to order the necessary measures, according to law + Article 76 Judges and prosecutors are free to organize or join local, national or international professional organizations in order to defend their professional interests, as well as those provided by art. 11 11 para. ((3). + Article 77 (1) Judges and prosecutors in office or pensioners have the right to be provided with special measures to protect against threats, violence or any acts that endanger them, their families or property. (2) The special protection measures, the conditions and the manner of their realization shall be established by Government decision, at the proposal of the Ministry of Justice and the Ministry of Internal Affairs. + Article 78 (1) Judges and prosecutors shall benefit from damages awarded from the budget funds of the High Court of Cassation and Justice, the Ministry of Justice, the Public Ministry or, in the case of military judges and prosecutors, from the funds The Ministry of National Defence, if life, health or property are affected in the exercise of their duties or in relation to them. (2) The compensation provided in par. (1) is granted under the conditions established by Government decision, with the opinion of the Superior Council of Magistracy. -------------- Article 78 has been amended by section 6.6. 6 6 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 5 5 ^ 2. + Article 79 (1) Judges and prosecutors shall receive annually a paid holiday of 35 working days. (2) Judges and prosecutors are entitled to leave of specialized studies paid for participation in courses or other forms of specialization organized in the country or abroad, for the preparation and support of the capacity examination and doctorate, as well as leave without pay, according to the Rules on the Leave of Judges and Prosecutors. (3) Judges and prosecutors are entitled to sick leave and other leave, in accordance with the legislation in force. ((4) Abrogat. -------------- Alin. ((4) of art. 79 was repealed by par. ((2) art. 28 of EMERGENCY ORDINANCE no. 148 148 of 3 November 2005 , published in MONITORUL OFFICIAL no. 1.008 1.008 of 14 November 2005. ((5) Abrogat. --------------- Alin. ((5) of art. 79 79 has been repealed by section 6.6. 4 4 of art. I of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006 *). (6) Judges and prosecutors are entitled to the rental of service homes. The service dwellings in the property or administration of the Ministry of Justice and subordinate units, as well as those owned or in the administration of the Public Ministry cannot be bought by judges, prosecutors or any other employees of these institutions. (7) In the case of retirement for the age limit, the holder of the lease provided in par. (6) and, as the case may be, the spouse or his wife shall retain their dwelling rights throughout their life. + Article 80 *) Judges and prosecutors benefit annually from 6 trips to the round country, free of charge, to transport by rail class I, auto, naval and air or to settle 7.5 liters fuel per cent for 6 trips to the round country, in the case in which the movement is carried out by car. + Article 81 (1) Judges and prosecutors with continuous seniority in the 20-year magistracy shall, at the time of retirement or release from office for other non-attributable reasons, benefit from an allowance equal to 7 gross monthly framing allowances, which shall be tax according to the law. (2) The allowance provided in par. (1) shall be granted only once during the career of judge or prosecutor and shall be registered, according to the law. (3) The way of calculating the continuous seniority in the magistracy is determined by decision of the Superior Council of Magistracy. (4) The provisions of par. (1) shall also apply to the death of the judge or prosecutor in activity. In this case, the allowance benefits the spouse and children who are dependent on him at the time of death. + Article 82 *) (1) Judges, prosecutors, magistrates-assistants from the High Court of Cassation and Justice and legal specialist staff assimilated to judges and prosecutors, as well as former judges and financial prosecutors and account advisers from the judicial section that exercised these functions at the Court of Auditors, at least 25 years old as judge or prosecutor, assistant magistrate or legal specialist staff assimilated to judges and prosecutors, such as and to the position of judge or financial prosecutor or adviser of accounts from the judicial section of the Court of Auditors may retire on request and may benefit, at the age of 60 years, from a service pension, in the amount of 80% of the calculation base represented by the monthly gross employment allowance or by the salary basic gross monthly, as the case may be, and the bonuses had in the last month of activity before the date of retirement. -------------- Alin. ((1) of art. 82 82 has been amended by section 7 7 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (2) Judges, prosecutors, magistrates-assistants of the High Court of Cassation and Justice, legal specialist staff assimilated to judges and prosecutors, as well as former judges and financial prosecutors and account advisers from the jurisdictional section that exercised these functions at the Court of Auditors may retire on request before reaching the age of 60 and benefit from the pension provided in par. (1), if they are at least 25 years old only as a judge, prosecutor, assistant magistrate or legal specialist staff assimilated to judges, as well as to the position of judge or financial prosecutor or adviser of accounts of at the judicial section of the Court of Auditors. When calculating this age, the periods in which the judge, the prosecutor, the assistant magistrate or the legal specialist staff assimilated to judges and prosecutors, as well as the judge, the financial prosecutor and the adviser of accounts at the jurisdictional section of the Court of Accounts exercised the profession of lawyer, legal specialist staff in former state arbitrations, legal adviser or jurisconsult *). -------------- Alin. ((2) of art. 82 82 has been amended by section 7 7 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. Note
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* *) By CONSTITUTIONAL COURT DECISION no. 262 262 of 5 May 2016 , published in MONITORUL OFFICIAL no. 385 of 20 May 2016, the exception of unconstitutionality of the provisions art. 82 82 para. ((2) of Law no. 303/2004 on the status of judges and prosecutors, establishing that these provisions are constitutional in so far as the notion of "judge" in them includes the judge of the Constitutional Court.
Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law.
In conclusion, as of May 20, 2016, the provisions invoked above are suspended by law, in so far as the notion of "judge" in them does not include the judge of the Constitutional Court, and will cease its effects legal on July 4, 2016, if the legislator does not intervene to amend the contested provisions.
---------- (3) The service pension provided in par. (1) benefits, at the age of 60, and judges and prosecutors with a seniority in the magistracy between 20 and 25 years, in this case the amount of the pension being reduced by 1% of the calculation base provided in par. ((1), for each year that is missing from full length in the magistracy. (4) For each year that exceeds the seniority in the magistracy provided in par. ((1) and (2) the amount of the pension shall be added 1% of the calculation base referred to in paragraph 1. ((1), without being able to overcome it. (5) Persons who meet the conditions of seniority provided in par. (1) and (3) as judge, prosecutor, assistant magistrate or legal specialist staff assimilated to judges, as well as serving as judge or financial prosecutor or account counselor from the jurisdictional section of the Court of Justice Accounts can be retired and can benefit, at the age of 60, from a service pension, even if at the time of retirement they have another occupation. In this case, the pension shall be established from a base of calculation equal to the monthly gross employment allowance that a judge or prosecutor has in activity, under identical conditions of office, seniority and degree of the court or prosecutor's office, and the bonuses, in percentage, held on the date of release from office or, as the case may be, with the monthly gross basic salary and the bonuses had in the last month of activity before the date of retirement This service pension can only benefit people who have been relieved of their duties for non-imputable reasons. -------------- Alin. ((5) of art. 82 82 has been amended by section 7 7 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (6) The provisions of par. (1), (3) and (4) may also benefit judges and prosecutors previously retired from the entry into force of this law, who benefit from a pension in the public system and who meet the conditions provided by this law for granting the pension service. In this case, the service pension shall be established from a base of calculation equal to the monthly gross employment allowance that a judge or prosecutor has in activity, under identical conditions of office, seniority and level of the court or prosecutor's office. where it worked before the release from the position of judge or prosecutor, and the bonuses, in percentage, held on the date of release from office. (7) Judges and prosecutors can opt between the service pension and the pension in the public system. Judges and military prosecutors can opt between the service pension and the military service pension. (8) The pension provided for in this Article has the legal regime of an old-age pension. ------------- Article 82 has been amended by section 2. 6 6 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. -------------------------------------------------------------------------------- Retirement period Date of birth of the person Retirement age 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 6 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, assistant magistrates of the High Court of Cassation and Justice, as well as the legal specialist staff provided for in art. 87 87 para. (1) may be kept in office after the retirement age provided by law, up to the age of 70. Until the age of 65, the magistrate may opt to remain in office, but after the end of this age, the opinion of the Superior Council of Magistracy is necessary for the maintenance of the activity. -------------- Alin. ((1) of art. 83 83 has been amended by section 8 8 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. (2) Judges and prosecutors who have been relieved from office by retirement may cumulate the service pension with the income made from a professional activity, regardless of the level of the respective income. ------------ Alin. ((2) art. 83 returned to the previous form EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009, following the cessation of legal effects in accordance with CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 33 of 16 January 2009. (3) Reframing as judge, prosecutor or assistant magistrate is done without competition and with the opinion of the Superior Council of Magistracy, at the courts or, as the case may be, at the prosecutor's offices retirement. In this case, the appointment as assistant magistrate is made by the Superior Council of Magistracy, and the appointment as judge or prosecutor is made by the President of Romania, at the proposal of the Superior Council of Magistracy. -------------- Alin. ((3) of art. 83 83 has been amended by section 8 8 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. ((4) Eliminated. ------------ Alin. ((4) of art. 83 83 has been removed as a result of the termination of the legal effects of EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009 CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 33 of 16 January 2009. ((5) Eliminated. ------------- Alin. ((5) of art. 83 83 has been removed as a result of the termination of the legal effects of EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009 CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 33 of 16 January 2009. ------------- Article 83 has been amended by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 83 ^ 1 (1) Judges and prosecutors may be retired early, with the reduction of the retirement age provided by this law by up to 5 years, if they exceed the seniority in the magistracy provided in art. 82 82 para. ((1) at least 5 years. Those who meet both the conditions for granting the pension under the conditions of this Article and those provided for in art. 82 82 para. (2) may opt between the two pensions. (2) The pension provided in par. (1) has the regime of an early service pension. (3) Beneficiaries of the service pension provided in par. ((1) I cannot cumulate the service pension with the income made from a professional activity, regardless of the level of the respective income, until the age of 60. ------------ Alin. ((3) art. 83 ^ 1 returned to the previous form EMERGENCY ORDINANCE no. 230 230 of 30 December 2008 , published in MONITORUL OFFICIAL no. 4 4 of 5 January 2009, following the cessation of legal effects in accordance with CONSTITUTIONAL COURT DECISION no. 82 82 of 15 January 2009 , published in MONITORUL OFFICIAL no. 33 33 of 16 January 2009. (4) The amount of the early pension shall be determined according to the provisions of 82 82 para. ((1) and (4). ------------- Art. 83 ^ 1 was introduced by item 8 8 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 83 ^ 2 (1) Do not benefit from the service pension provided in art. 82 and 83 ^ 1 and the allowance-provided for in art. 81 judges, prosecutors, assistant magistrates and legal specialist staff assimilated to judges and prosecutors who, even after their release from office, were permanently convicted or ordered to postpone the application of the sentence for a offence of corruption, an offence assimilated to corruption offences or an offence in relation to them, committed before the release from office. These people benefit from pension in the public system, under the law. (2) The setting in motion of the criminal action for one of the crimes provided in par. (1) shall attract, by right, the suspension of the settlement of the application for the service pension or, as the case may be, the suspension of the payment of the service pension, if it has been granted until the final settlement of the case. During this period, the person against whom the criminal action was set in motion benefits, under the law, from pension from the public system. (3) If the ranking is ordered, the waiver of the prosecution, the acquittal, the termination of the criminal proceedings or the waiver of the punishment to the judge, prosecutor, assistant magistrate or legal specialist staff assimilated to the judges prosecutors, he is reinstated in the previous situation and is paid the service pension he was deprived of as a result of the setting in motion of the criminal action or, as the case may be, the difference between this and the pension in the public system collected after the in motion of the criminal action. (4) The judgment of conviction or ordering the postponement of the application of the sentence, remaining final, shall be communicated by the court of execution to the Superior Council of Magistracy. The Superior Council of Magistracy will inform the National House of Public Pensions regarding the occurrence of one of the situations provided by this article that has the effect of granting, suspending, ending or resuming the payment of the service pension or, where appropriate, the suspension or the resumption of the procedure for the application of the service pension. The information of the Superior Council of Magistracy includes the elements necessary for the application of that measure by the territorial pension houses, including the person's identification data, the legal basis of the measure, as well as the date from which it applies. ------------- Art. 83 ^ 2 was introduced by art. I of LAW no. 118 118 of 14 July 2014 , published in MONITORUL OFFICIAL no. 549 549 of 24 July 2014. + Article 84 (1) The surviving spouse of the judge or prosecutor is entitled, at the age of 60, to the survivor's pension under the conditions provided by Law no. 19/2000 on the public pension system and other social security rights, with subsequent amendments and completions, calculated from the service pension in payment or to which it would have been entitled to the date of death of the supporter, updated, as the case may be. (2) The minor children of the deceased judge or prosecutor, as well as the major children until the end of their studies, but not more than 26 years, are entitled to the survivor's pension, calculated from the service pension in payment or to which they would have been entitled on the date of death of the deceased supporter, updated, as appropriate, under Law no. 19/2000 , with subsequent amendments and completions, and in the percentages provided by this law, depending on the number of offspring. (3) If at the time of death the prosecutor or the judge does not meet the conditions for granting the service pension, minor children, as well as the major children until the end of their studies, but not more than 26 years, are entitled to a pension of following in the amount of 75% of the monthly gross employment allowance received by the deceased supporter in the last month of activity, under the conditions laid down by Law no. 19/2000 *), with subsequent amendments and completions. ------------- Article 84 has been amended by section 4. 9 9 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. Note
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* *) Law no. 19/2000 has been repealed by lit. a) of art. 196, Cap. X of LAW no. 263 of 16 December 2010, published in the OFFICIAL GAZETTE no. 852 852 of 20 December 2010.
---------- + Article 85 (1) The part of the service pension exceeding the pension level in the public system, the pension provided by art. 82 82 para. ((2), art. 83 ^ 1 and and art. 84 84 para. ((3), as well as the service pension granted to those who do not meet the old-age condition provided for by Law no. 19/2000 , with subsequent amendments and completions, it is borne from the state budget. (2) The service pensions of judges and prosecutors, as well as the survivors ' pensions provided for in art. 84 is updated whenever the monthly gross allowance of a judge and prosecutor in activity is increased, under identical conditions of office, seniority and degree of the court or prosecutor's office, with the consideration, in percentage, of the bonuses entered into the basis of calculation when granting the service pension, as well as the increase of seniority. If the update results in a lower service pension, the judge or prosecutor can keep his pension in payment. (3) The retirement applications made by the judges and prosecutors in activity for the granting of the service pension provided by this law shall be submitted to the territorial pension house competent. The payment of the pension is made from the date stipulated in the decree of the President of Romania as that of the dismissal or, in case of lack of such data, from the date of publication in the Official Gazette of Romania, Part I, of the President's decree Romania's release from office. ------------- Article 85 has been amended by section 6.6. 10 10 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 86 It constitutes seniority in the magistracy period in which the judge, the prosecutor, the legal specialist staff provided for in 87 87 para. (1) or the assistant magistrate has fulfilled the functions of judge, prosecutor, legal specialist staff in former state arbitrations, magistrate-assistant, auditor of justice, financial judge, financial judge inspector, financial prosecutor, Financial prosecutor inspector, counselor and adviser of accounts in the jurisdictional section of the Court of Accounts, Registrar with legal superior studies or legal specialized personnel provided in art. 87 87 para. (1), as well as the period in which he was a lawyer, notary, judicial assistant, teacher in accredited higher legal education, jurisconsult, legal adviser, judicial police officer with legal higher education, forensic expert with studies legal superior, authorized according to the law, probation personnel with legal higher education or who performed legal specialized positions in the Institute for Legal Research of the Romanian Academy, Romanian Institute for Human Rights, in Parliament or in its apparatus or in the Presidential Administration, Government, Constitutional Court, Ombudsman, Court of Auditors, Legislative Council. -------------- Article 86 has been amended by section 6.6. 9 9 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 294 of 15 April 2008, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007. + Article 87 (1) During the performance of the function, the legal specialist staff of the Ministry of Justice, the Public Ministry, the Superior Council of Magistracy, the National Institute of Criminology, the National Institute of Forensic Expertise and the The National Institute of Magistracy is assimilated to judges and prosecutors regarding rights and duties, including taking the entrance exam, evaluating professional activity, taking the capacity exam and promotion, the provisions of this law applying accordingly. -------------- Alin. ((1) of art. 87 87 has been amended by section 10 10 of art. I of LAW no. 97 97 of 14 April 2008 , published in MONITORUL OFFICIAL no. 294 of 15 April 2008, which supplements art. I of EMERGENCY ORDINANCE no. 100 100 of 4 October 2007 , published in MONITORUL OFFICIAL no. 684 684 of 8 October 2007, with point 12. (2) The establishment of acts that constitute disciplinary violations, as well as the procedure for the research and application of disciplinary sanctions shall be made by order of the heads of the authorities provided in ((1). + Article 88 (1) For outstanding merits in the activity, judges and prosecutors may be distinguished with the Judicial Merit Diploma. (2) The judicial merit diploma is granted by the President of Romania, at the proposal of the Superior Council of Magistracy, for judges, and at the proposal of the Minister of Justice, + Article 89 The model of the diploma and the way of making it are established, with the assent of the Superior Council of Magistracy, by the Minister of Justice. + Article 90 (1) Judges and prosecutors are obliged to refrain from any acts or acts likely to compromise their dignity in the profession and in society. (2) The relationships of judges and prosecutors at work and in society are based on respect and good faith. + Article 91 (1) Judges and prosecutors are obliged to resolve the works within the set deadlines and to resolve the cases within a reasonable time, depending on their complexity, and to observe professional secrecy. (2) The judge is obliged to keep the secret of the deliberations and votes in which he participated, including after the termination of the office. + Article 92 (1) Judges and prosecutors are obliged to have, during court hearings, the clothing outfit corresponding to the court to which they operate. (2) The clothing outfit shall be established by Government decision, with the opinion of the Superior Council of Magistracy, and shall be provided free of charge. + Article 93 Judges and prosecutors are required to present, under the terms and conditions provided by law, the declaration of wealth and the declaration of interests. + Title IV Liability of judges and prosecutors + Chapter I General provisions + Article 94 Judges and prosecutors respond civilly, disciplinarily and criminally, under the law. + Article 95 (1) Judges, prosecutors and assistant magistrates may be searched, detained, arrested at home or remanded in custody only with the consent of the sections of the Superior Council of Magistracy. ------------ Alin. ((1) of art. 95 95 has been amended by section 13 13 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (2) In case of flagrant offence, judges, prosecutors and assistant magistrates may be detained and subject to the search according to the law, the Superior Council of Magistracy being informed immediately by the body that ordered the detention or the search. + Article 96 (1) The State shall be liable for damages caused by judicial errors. (2) The liability of the State is established under the law and does not remove the liability of judges and prosecutors who have exercised their function in bad faith or gross negligence. (3) Cases in which the injured person has the right to repair the damages caused by judicial errors committed in criminal proceedings are established by the Code of Criminal Procedure. (4) The right of the injured person to repair the material damage caused by judicial errors committed in trials other than criminal proceedings will be exercised only if it has been established, in advance, by a final decision, criminal or disciplinary liability, as the case may be, of the judge or prosecutor for an act committed during the trial of the trial and whether this act is likely to cause a miscarriage of justice. (5) It is not entitled to repair the damage the person who, in the course of the trial, contributed in any way to the commission of judicial error by the judge or prosecutor. (6) In order to repair the damage, the injured person may proceed with action only against the state, represented by the Ministry of Public Finance. (7) After the damage was covered by the state pursuant to the irrevocable decision given in compliance with the provisions of par. (6), the State may proceed with an action in compensation against the judge or prosecutor who, in bad faith or gross negligence, has committed the judicial error causing damage. (8) The limitation period of the right to action in all cases provided for in this Article shall be one year. + Article 97 (1) Any person may refer the matter to the Superior Council of Magistracy, directly or through the heads of courts or prosecutors, in connection with the improper activity or conduct of judges or prosecutors, violation of obligations professional in relations with litigants or their commission of disciplinary violations. (2) Exercise of the right provided in par. (1) cannot call into question the solutions rendered by judicial decisions, which are subject to legal remedies. + Chapter II Disciplinary liability of judges and prosecutors + Article 98 (1) Judges and prosecutors respond disciplinarily to deviations from duty of service, as well as to acts affecting the prestige of justice. (2) The disciplinary liability of the military judges and prosecutors may be employed only according to the provisions of this law. + Article 99 It constitutes disciplinary violations: a) the events that affect the honour or professional probity or the prestige of justice, committed in the exercise or outside the exercise of their duties; b) violation of legal provisions regarding incompatibilities and prohibitions on judges and prosecutors; c) unworthy attitudes during the performance of duties towards colleagues, the other staff of the court or the prosecutor's office in which they operate, judicial inspectors, lawyers, experts, witnesses, litigants or representatives of other institutions; d) the conduct of public activities of a political nature or the manifestation of political beliefs in the performance of their duties; e) unjustified refusal to receive on file the requests, conclusions, memoirs or acts filed by the parties in the process; f) unjustified refusal to perform a duty of service; g) non-compliance by the prosecutor with the provisions of the superior hierarchical prosecutor, written and in accordance with the law h) non-compliance repeatedly and for reasons attributable to the legal provisions regarding the expeditious settlement of cases or the repeated delay in carrying out the works, for imputable reasons; i) non-compliance with the duty to abstain when the judge or prosecutor knows that there is one of the causes provided by law for his abstention, as well as the formulation of repeated and unjustified requests for abstention in the same case, which has as Effect of delaying judgment; j) non-compliance with the secrecy of deliberation or confidentiality of works that have this character, as well as other information of the same nature as which he became aware of in the exercise of the office, except those of public interest, under the law; k) unmotivated absences from the service, repeatedly or directly affecting the activity of the court or the prosecutor's office; l) interference in the work of another judge or prosecutor; m) unduly non-compliance with the provisions or decisions of an administrative nature ordered in accordance with the law of the head of the court or of the prosecutor's office or of other administrative obligations provided by law or regulations; n) use of the position held to obtain favorable treatment by the authorities or interventions for the resolution of some requests, the claim or acceptance of the resolution of personal interests or of family members or other persons, other than within the legal framework regulated for all citizens; o) serious or repeated non-compliance with the provisions on random distribution of cases; p) Obstruction of inspection activity of judicial inspectors, by any means; q) direct participation or through persons interposed at games of type piramidal, gambling or investment systems for which the transparency of funds is not ensured; r) the total lack of motivation of judicial decisions or judicial acts of the prosecutor, under the law; s) the use of inappropriate expressions in the judicial decisions or judicial acts of the prosecutor or the reasoning manifestly contrary to the legal reasoning, such as to affect the prestige of justice or the dignity of the office of magistrate; s) non-compliance with the decisions of the Constitutional Court or decisions rendered by the High Court of Cassation and Justice in the resolution of appeals in the interest t) exercise of office in bad faith or gross negligence. ----------- Article 99 has been amended by section 6.6. 3 3 of art. I of LAW no. 24 24 of 17 January 2012 published in MONITORUL OFFICIAL no. 51 51 of 23 January 2012. + Article 99 ^ 1 (1) There is bad faith when the judge or the prosecutor knowingly violates the rules of material or procedural law, following or accepting the injury of a person. (2) There is gross negligence when the judge or the prosecutor disregards at fault, seriously, unquestionably and unquestionably, the rules of law material or procedural. ----------- Art. 99 ^ 1 was introduced by item 4 4 of art. I of LAW no. 24 24 of 17 January 2012 published in MONITORUL OFFICIAL no. 51 51 of 23 January 2012. + Article 100 Disciplinary sanctions that may apply to judges and prosecutors, in proportion to the seriousness of the misconduct, are: a) the warning; b) the reduction of the gross monthly framing allowance by up to 20% over a period of up to 6 months; c) the disciplinary move for a period of up to one year to another court or to another prosecutor's office, located in the constituency of another court of appeal or in the constituency of another prosecutor's office of an appeal court; d) suspension from office for up to 6 months; e) exclusion from the magistracy. ----------- Article 100 has been amended by section 5 5 of art. I of LAW no. 24 24 of 17 January 2012 published in MONITORUL OFFICIAL no. 51 51 of 23 January 2012. + Article 101 Disciplinary sanctions provided for in art. 100 applies by the sections of the Superior Council of Magistracy, under the conditions of its organic law + Title V Transitional and final provisions + Article 102 (1) The judges in office of the High Court of Cassation and Justice shall continue their work until the expiry of the mandate for which they have been appointed. (2) The Judges of the High Court of Cassation and Justice to whom the mandate for which they were appointed or, as the case may be, are released for non-imputable reasons shall retain their degree acquired in the hierarchy and may occupy a position of Judge at the High Court of Cassation and Justice and may return to the position of magistrate previously held or on another position of judge or prosecutor or may opt for entry into law or notary, without examination. + Article 103 Judges and prosecutors who have, on the date of entry into force of this law, the basic norm at legal higher education institutions have the obligation that, starting with the next academic year, to transfer their basic norm to the court or prosecutor's office to that works times to give up the quality of judge or prosecutor. + Article 104 (1) Judges and prosecutors in office, as well as the legal specialist staff provided for in art. 87 87 para. ((1) who have benefited from seniority in the right magistracy Law no. 92/1992 for the judicial organization, republished, with subsequent amendments and completions, retains this seniority. (2) The salary of the assistant magistrates is made according to Annex no. 1 1 to Government Emergency Ordinance no. 177/2002 on the salary and other rights of magistrates, approved with amendments and additions by Law no. 347/2003 ,, as amended, based on the multiplication coefficients provided at no. crt. 19, 20, 18 for magistrates-assistants first degree, II, III, at no. crt. 12, 13, 19 for chief magistrates-first degree, II, III and no. crt. 12 for the first-magistrate-assistant. + Article 105 (1) Military judges and prosecutors who continue their activity at the military courts and prosecutors ' offices, redistributed on lower positions, retain the salary rights they benefit from at the date of redistribution. The other provisions of this law also apply accordingly to judges and military prosecutors. (2) The transfer of military judges and prosecutors, upon request or as a result of the reduction of posts, is made, depending on the option expressed, at the courts or civil prosecutors to which the judge or the prosecutor has the right to function, according to his professional degree. ------------ Alin. ((2) of art. 105 105 has been amended by section 14 14 of art. 71 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 106 The Superior Council of Magistracy approves, by decision that is published in the Official Gazette of Romania, Part I: a) The regulation on the admission contest and the graduation examination of the National Institute of Magistracy, which provides for the organization, theme, bibliography, exam tests, the procedure for the admission competition and the the graduation exam, as well as the minimum admission and graduation average of the National Institute of Magistracy; b) National Institute of Magistracy Regulation; c) Regulation on the capacity examination of trainee judges and trainee prosecutors, which provides for the organization, thematic, bibliography, exam tests, the procedure and the minimum average for the promotion of the exam capacity of trainee judges and trainee prosecutors; d) Regulation on organization and conduct of the admission contest in the magistracy; e) Regulation on the conduct of continuous professional training of judges and prosecutors and attestation of the results obtained; f) Regulation on the organization and conduct of the contest to promote judges and prosecutors; g) Rules of organization of the contest or examination for the appointment of judges and prosecutors; h) Regulation on the evaluation of professional activity of judges and prosecutors; i) Regulation on the leave of judges and prosecutors. + Article 107 (1) This law shall enter into force 90 days after its publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, it shall be a) provisions of art. 6 6, art. 12 12, art. 14-16 14-16, art. 36-43 36-43, art. 55 55, art. 58 58 and art. 59 59-69 of the Supreme Court of Justice Act No. 56/1993 , republished in the Official Gazette of Romania, Part I, no. 56 of 8 February 1999, with subsequent amendments and completions; b) provisions of art. 2 2 para. ((2), art. 3 3, art. 42-69 42-69, art. 91-120 91-120 ^ 1 and art. 121-131 ^ 1 of Law no. 92/1992 for the judicial organization, republished in the Official Gazette of Romania, Part I, no. 259 of 30 September 1997, with subsequent amendments and completions, except for the provisions of art. 66 on the seniority in the magistracy necessary for the promotion to the position of judge or prosecutor, which is repealed on January 1, 2005. ((3) Provisions art. 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, as amended and supplemented, shall be repealed on 1 January 2005. Note
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NOTE:
We reproduce below the provisions art. II-VIII of Title XVII of Law no. 247/2005 ,, which are not incorporated into the republished text of the Law no. 303/2004 and which continue to apply as own provisions of Title XVII of the Law no. 247/2005 .
"" Art. II. -(1) The Regulation on the organization and conduct of the contest for the promotion of judges and prosecutors shall be approved by the Superior Council of Magistracy within 30 days from the entry into force of this Law and shall enter into force on the date of publication in the Official Gazette of Romania, Part I. (2) The other regulations provided for in art. 106 shall be updated and approved within 30 days of the entry into force of this Law. (3) Within 3 months from the entry into force of this Law, the Government Decision provided for in art. 77 77 para. ((3) *) of Law no. 303/2004 .
Art. III. -At the end of the term art. II para. (2), the Annex to Law no. 303/2004 on the status of magistrates, as amended, is repealed.
Art. IV. -(1) The commissions for the first competition or examination on the management positions at the courts and prosecutors ' offices will be appointed by the Superior Council of Magistracy, at the proposal of the National Institute of Magistracy, within 10 days from the entry into force of the present law. (2) The regulation of organization of the contest or examination for the appointment of judges and prosecutors will be elaborated by the National Institute of Magistracy, approved by the Superior Council of Magistracy and displayed on the pages of the Internet of the National Institute of Magistracy, the Superior Council of Magistracy, the Prosecutor's Office of the High Court of Cassation and Justice and the Ministry of Justice, as well as at the premises of the courts and prosecutors, within days after the appointment of the committees. (3) Within 30 days from the publication of the regulation provided in par. (2) contest or examination shall be held for appointment in the management positions from the courts of appeal, courts and prosecutor's offices beside them, and within 60 days from the same date a competition or examination is organized for the occupation of the functions driving from the judges and the prosecutor's offices beside them. Art. 48 48 para. ((7) and art. 48 ^ 1 para. ((7) * *) shall apply accordingly. (4) The appointment in the management positions of the courts of appeal, tribunals, specialized courts and judges, as well as from the prosecutor's offices beside them, for which the procedure provided for in art. 48 48 para. ((9) and art. 48 ^ 1 para. (9) * **), is made within 30 days from the appointment to the management positions of the judges and prosecutors who obtained the best result in the contests or exams provided in par. ((3). (5) The non-compliance with the deadlines and the procedure for the organization of the contests or exams provided for in this article constitutes disciplinary misconduct.
Art. V.-(1) Judges and prosecutors who, on the date of entry into force of this law, meet the retirement conditions for the age limit will be relieved of their duties upon completion of a period of 3 months after the entry into force of this laws. (2) The Superior Council of Magistracy will take the necessary measures for the occupation within 4 months from the entry into force of the present law of posts that become vacant by the retirement of the persons referred to in par. ((1).
Art. VI. -Judges and prosecutors who did not give up the basic norm at legal higher education institutions, according to art. 102 * ***) of Law no. 303/2004 , are obliged to transfer their basic norm to the court or prosecutor's office to which they operate, within 30 days of the entry into force of this law.
Art. VII. -(1) Judges, prosecutors, assistant magistrates, legal specialist staff assimilated to magistrates and specialized auxiliary staff shall submit the statements provided for in art. 6 6 para. ((3) * ****) or, as the case may be, art. 6 6 ^ 1 * *****) and art. 6 6 ^ 2 * *****) of Law no. 303/2004 , within 60 days of the entry into force of this Law. (2) The National Council for the Study of Security Archives art. 6 6 ^ 1 * ****) of Law no. 303/2004 , and the Supreme Council of National Defence verifies the declarations provided for art. 6 6 ^ 2 * *****) of Law no. 303/2004 within 6 months from the entry into force of this Law.
Art. VIII. --provisions art. 82 82 * ******) of Law no. 303/2004 applies also to the magistrates-assistants of the Constitutional Court and the legal specialist staff assimilated to the judges and prosecutors provided for art. 73 73 of Law no. 47/1992 on the organization and functioning of the Constitutional Court, republished, with subsequent amendments and completions. "
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* *) Art. 77 para. (3) became, in the republished form of Law no. 303/2004 ,, art. 78 78 para. ((3).
** **) Art. 48 ^ 1 para. (7) became, in the republished form of Law no. 303/2004 ,, art. 49 49 para. ((7).
*** ***) Art. 48 ^ 1 para. (9) became, in the republished form of Law no. 303/2004 ,, art. 49 49 para. ((9).
**** ****) Art. 102 became, in the republished form of Law no. 303/2004 ,, art. 103.
***** *****) Art. 6 para. (3) became, in the republished form of Law no. 303/2004 ,, art. 5 5 para. ((3).
****** ******) Art. 6 ^ 1 became, in the republished form of Law no. 303/2004 ,, art. 6.
******* *******) Art. 6 ^ 2 became, in the republished form of Law no. 303/2004 ,, art. 7.
******** ********) Art. 82 became, in the republished form of Law no. 303/2004 ,, art. 83.
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