Law No. 317 Of 1 July 2004 On The Superior Council Of Magistracy

Original Language Title:  LEGE nr. 317 din 1 iulie 2004 privind Consiliul Superior al Magistraturii

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Law No. from July 1, 2004 317 (* republished *) (* updated *) Superior Council of Magistracy (updated until July 5, 2016 *) ISSUER-PARLIAMENT-------_ _ _ _ _ _ _ _ _ _ * Note *) Republished pursuant to art. 80 of law No. 76/2012 for the implementation of law No. 134/2010 relating to the code of civil procedure, as published in the Official Gazette of Romania, part I, no. 365 of 30 may 2012, posing a new texts.

Law No. 317/2004 relating to the Superior Council of Magistracy (SCM) has been republished in the Official Gazette of Romania, part I, no. 827 of 13 September 2005 and was subsequently amended and supplemented by:-Government Emergency Ordinance nr. 27/2006 concerning remuneration and other rights of judges, prosecutors and other personnel from the justice system, as published in the Official Gazette of Romania, part I, no. 314 of 7 April 2006, approved with amendments and completions by law No. 45/2007 published in the Official Gazette of Romania, part I, no. 169 of 9 March 2007, with subsequent modifications and completions;

-Government Emergency Ordinance nr. 195/2008 for the modification and completion of some legal acts in the field of Justice, published in the Official Gazette of Romania, part I, no. 825 of 8 December 2008, approved with amendments and completions by law No. 118/2009 published in the Official Gazette of Romania, part I, no. 285 of 30 April 2009;

-Government Emergency Ordinance nr. 59/2009 modification of the law nr. 303/2004 on the status of judges and prosecutors and for the modification and completion of the law #. 317/2004 relating to the Superior Council of Magistracy, which was published in the Official Gazette of Romania, part I, no. 439 of 26 June 2009, approved with amendments and completions by law No. 36/2011 published in the Official Gazette of Romania, part I, no. 204 of 24 March 2011;

-Law No. 24/2012 for the modification and completion of the law #. 303/2004 on the status of judges and prosecutors and law No. 317/2004 relating to the Superior Council of Magistracy, which was published in the Official Gazette of Romania, part I, no. 51 of 23 January 2012.


Chapter I General provisions Article 1 (1) the Superior Council of Magistracy shall be the guarantor of the independence of the judiciary.
  

(2) the Superior Council of magistrates is independent and is subject to the law only in his work. Members of the Superior Council of Magistracy shall be responsible in front of the judges and prosecutors for the work done in the exercise of their mandate.
  


Article 2 the Superior Council of Magistracy shall have legal personality and seat of the municipality of Bucharest.


Chapter II Organization of the higher magistrates Council section 1 structure of the higher magistrates Council Article 3 Superior Council of Magistracy shall consist of 19 members, of which: a) 9 judges and five prosecutors, elected in the General Assemblies of judges and prosecutors, which comprise the two wards of the Council, one for judges and one for prosecutors;
  

b) 2 civil society representatives, legal professionals, which enjoys high moral and professional reputation, elected by the Senate;
  

c) the President of the High Court of Cassation and justice, representative of the judiciary, the Minister of Justice and Attorney-general's Office of the High Court of Cassation and justice, which are members of the Council.
  


Article 4 the judges section of the Superior Council of Magistracy consists of: a) 2 Justices of the High Court of Cassation and justice;
  

b) 3 judges from courts of appeal;
  

c) 2 judges from the courts;
  

d) 2 judges from courts of law.
  


Article 5 Section for prosecutors of the Superior Council of Magistracy consists of: a) 1 Prosecutor at the Prosecutor's Office attached to the High Court of Cassation and justice, or to the National Anti-corruption Directorate;
  

b) 1 Prosecutor at the public prosecutor's Office attached to the courts of appeal;
  

c) 2 from national prosecution of prosecutors in addition to tribunals;
  

d) 1 from the public prosecutor Prosecutor's Office attached to the judges.
  


Section 2 of the election of members of the Superior Council of Magistracy (SCM) Article 6 (1) judges and prosecutors, members of the Superior Council of Magistracy, as referred to in art. 3 (a). ), are elected in the General Assemblies of judges or, where appropriate, of the prosecutors.
  

(2) the date occurring general assemblies of judges and prosecutors is determined by the plenum of the Supreme Council of Magistracy with at least 90 days prior to expiry of the term of Office of its members and shall be published in the Official Gazette of Romania, part III, and on the website of the Superior Council of Magistracy.
  


Article 7 (1) the Superior Council of Magistracy Members shall be elected from among the judges and prosecutors appointed by the President of Romania.
  

(2) judges and prosecutors can bolster the candidacies submitted for election as members of the Superior Council of Magistracy in front of collectives of judges and prosecutors. Candidatures for judges and prosecutors may be supported by groups of judges and prosecutors, as well as professional associations.
  

(3) the period within which applications can be submitted is determined by the plenum of the Supreme Council of Magistracy and shall be published in the Official Gazette of Romania, part III, and on the website of the Superior Council of Magistracy.
  

(4) Nominations shall be submitted to the College of the High Court of Cassation and justice, at the College of management of the Prosecutor's Office attached to the High Court of Cassation and justice, at the College of management of the national anti-corruption Directorate or to the colleges of the courts of appeal of prosecutors on the times, accompanied by: a) curriculum vitae;
  

b) a draft of the main objectives that we will follow in the case of judges or prosecutors in the Superior Council of Magistracy, and, where necessary, documents supporting the candidacy;
  

c) an affidavit indicating that there were part of the intelligence services before 1990, nor have collaborated with them;
  

d) a statement, under his/her own responsibility, in accordance with the criminal law, indicating that workers are not covered, including operatives, informants or collaborators of the intelligence services;
  

e a statement of interest) to be updated.
  

(5) cannot be elected members of the Superior Council of the judiciary judges and prosecutors who were part of the intelligence services before 1990 or have collaborated with or those who have a personal interest that influence or may influence the carrying out with objectivity and impartiality of the duties prescribed by law.
  

(6) the leading colleges of the High Court of Cassation and justice, Prosecutor's Office attached to the High Court of Cassation and justice, the national anti-corruption Directorate, of the courts of appeal and the Prosecutor's Office attached to these checks fulfilment of the conditions laid down in paragraph 1. (1) to (5) of the judges and prosecutors who have applied.
  


Article 8 (1) the judges of the High Court of Cassation and justice shall elect, in the General Assembly, by secret ballot, direct and personal, 2 members to the Superior Council of Magistracy, of the judges who have applied.
  

(2) the Prosecutors of the public prosecutor's Office attached to the High Court of Cassation and justice and the prosecutors of the national Anticorruption Department, elect the Assembly of prosecutors, by secret ballot, direct and personal, a member of the Superior Council of Magistrates and prosecutors who have applied. At the general meeting vote and prosecutors in territorial structures of these offices.
  

(3) shall be elected as members of the Superior Council of Magistracy 2 Justices of the High Court of Cassation and justice, a Prosecutor from the public prosecutor's Office attached to the High Court of Cassation and justice, or to the National Anti-corruption Directorate, who obtained the majority of votes in the general assemblies.
  

(4) where none of the candidates did not obtain the majority of votes, a second round is organised involving the election of judges and prosecutors on the top two finishers. He was elected a member of the Superior Council of Magistracy (SCM) candidate who obtained the largest number of votes in the second round of elections.
  


Article 9 (1) of the College of each court of appeal and of each flooring in addition candidates made by focus on judges and prosecutors in their districts.
  

(2) Candidates shall be centralised on the categories of courts and Prosecutor's offices and courts shall be transmitted to the Prosecutor and the Court of appeal in Vienna, accompanied by the documents referred to in article 1. 7 para. 4. (3) the College of each court of appeals organises its own General Assembly, the General Assembly of the judges of the tribunals and courts specialized in Vienna's Court of appeals and the general meeting of judges from courts in Vienna's Court of appeal.
  


(4) the College of each flooring beside the Court of appeal, organizes its own General Assembly, General Assembly of prosecutors from the public prosecutor's Office attached to the courts and specialized courts in Vienna's Court of appeals and the general meeting of prosecutors from the public prosecutor's Office in Vienna courts the Court of appeal.
  


Article 10 (1) the judges of each court of appeal, judges from all courts and specialized courts from each district courts of appeal and judges of all courts in Vienna each court of appeal shall, in the general meeting by secret ballot, direct and personal, a candidate for the Office of Member of the Superior Council of Magistracy of the judges who have applied.
  

(2) the Prosecutors of every flooring in addition to the courts of appeal, prosecutors from the public prosecutor's Office all courts and specialized courts from each district courts of appeal and prosecutors from the public prosecutor's Office in Vienna each courts courts of appeal shall, in the general meeting by secret ballot, direct and personal, a candidate for the Office of Member of the Superior Council of Magistracy of prosecutors who have applied.
  

(3) will be nominated to run for the post of Member of the Superior Council of the judiciary judges and prosecutors who have attained majority vote in general meetings provided for in paragraph 1. (1) and (2). The provisions of article 8 para. (4) shall apply accordingly.
  

(4) military Judges and military prosecutors lay their candidacy at the Military Court of appeal Bucharest or, where appropriate, to the Military Prosecutor's Office attached to the Court of appeal. The provisions of paragraphs 1 and 2. (1) to (3) shall apply accordingly. The Bucharest territorial High Court and military courts, and the public prosecutor's Office they designate a candidate that will be included on the lists provided for in articles. 11(2). (1) (a). c) and (e)), d) and (f)).
  

(5) the Superior Council of Magistracy shall draw up lists of judges and prosecutors appointed to run for the post of Member of the Superior Council of Magistracy, categories of courts and Prosecutor's offices.
  

(6) the lists referred to in paragraph 1. (5) the documents referred to in articles. 7 para. (4) shall be published on the website of the Superior Council of Magistracy.
  

(7) the provisions of article 4. 8 para. (4) shall apply accordingly.
  


Article 11 (1) lists of judges and prosecutors who have been nominated to run for the post of Member of the Superior Council of Magistracy shall be transmitted to the courts or, where appropriate, the Prosecutor, by the Superior Council of Magistracy, with at least 20 days before the date fixed for the general assemblies, as follows: a) the list of the 16 candidates for the Court of appeal is transmitted to all courts of appeal;
  

b) list of 16 candidates from the public prosecutor's Office attached to the courts of appeal shall be given to all prosecutors ' offices attached to the courts of appeal;
  

c) list of 16 candidates from both the courts and specialized courts is transmitted to all courts and tribunals;
  

d) list of 16 candidates from the public prosecutor's Office attached to the courts and specialized tribunals shall be sent to all prosecutors ' offices of the courts and tribunals;
  

e) list of 16 candidates from all courts shall be judges;
  

f) list of 16 candidates from the public prosecutor's Office shall be sent to all judges of prosecutors ' offices in addition to the judges.
  

(2) the lists referred to in paragraph 1. (1) the documents referred to in articles. 7 para. (4) is displayed on the premises of courts and prosecutors ' offices.
  


Article 12 (1) the lists referred to in article 1. 11(2). (1) the documents referred to in articles. 7 para. (4) shall be transmitted by the Superior Council of magistrates courts and prosecutors ' offices, accompanied by ballots.
  

(2) the Superior Council of Magistracy shall forward each and every court flooring a number of stamped ballots equal to the number of judges and prosecutors within the public prosecutor's Office, with an extra 10%.
  

(3) the form and content of ballot papers shall be determined by the plenum of the Supreme Council of Magistracy.
  

(4) the printing of ballot papers shall be ensured by the Superior Council of Magistracy.
  


Article 13 (1) for the purpose of electing the members of the Superior Council of magistrates courts within each and every flooring shall be convened by the General Assembly of judges or, where appropriate, to prosecutors.
  

(2) the judges of the Court of appeal, and prosecutors from the public prosecutor's Office they choose as members of the Superior Council of magistrates, in their general assemblies, by secret ballot, direct and personal, 3 Justices of the Court of appeal, and a Prosecutor from the public prosecutor's Office attached to them.
  

(3) the judges of the tribunals and courts and prosecutors from the public prosecutor's Office they choose as members of the Superior Council of magistrates, in their general assemblies, by secret ballot, direct and personal, 2 judges from the courts and specialized courts and 2 prosecutors from the public prosecutor's Office attached to them.
  

(4) judges from judges and prosecutors from the public prosecutor's Office they choose as members of the Superior Council of magistrates, in their general assemblies, by secret ballot, direct and personal, 2 judges from the judges and a Prosecutor from the public prosecutor's Office attached to them.
  


Article 14 (1) The procedure for the nomination of candidates and election of the members of the Superior Council of Magistracy, the general assemblies are legally established in the presence of at least two thirds of the number of judges or, if necessary, according to prosecutors, including delegates or seconded from other courts or public prosecutor's offices.
  

(2) General meetings shall be chaired by the magistrate with the highest seniority in the judiciary, which has not applied for the position of Member of the Superior Council of Magistracy.
  

(3) The procedure for electing the members of the Superior Council of Magistracy, every judge and Prosecutor vote a number of candidates equal to the number of members of the Superior Council of magistrates, which represents the category of the courts or public prosecutor's offices at the level to which the judge or, where appropriate, the Prosecutor operates.
  

(4) where there were fewer people voted than those referred to in paragraph 1. (3) voting is invalid.
  

(5) The election of members of the Superior Council of Magistracy (SCM) cannot participate in judges and prosecutors on secondment to other authorities than to the courts or public prosecutor's offices.
  


Article 15 (1) the judge or prosecutor who chaired the general meeting, together with two judges or prosecutors appointed in advance of general meetings vote: the vote counting);
  

b) draws up the minutes relating to the holding of elections and the vote results and forward the Superior Council of Magistracy;
  

c) provide the names of judges or prosecutors appointed to run for the post of Member of the Superior Council of Magistracy under art. 10 para. (5) times, where appropriate, draw up and transmit the higher magistrates Council the list of candidates in descending order of votes obtained in the general assemblies. 8 para. (3) and in article 8. 13(2). (2) to (4).
  

(2) for the performance of duties referred to in paragraph 1. (1), the judge or prosecutor who chaired the General Assembly is assisted by 2 judges or, where appropriate, of 2 prosecutors, appointed by the General Assemblies of judges or prosecutors who have not applied.
  


Article 16 (1) the Superior Council of Magistracy shall collect the results of the vote from all constituencies, and the courts of appeal and the Prosecutor's Office attached to them.
  

(2) shall be elected as members of the Superior Council of Magistracy: a) 3 judges from courts of appeal, which had obtained the largest number of votes nationwide;
  

b) 2 judges from the courts and specialized courts, having obtained the highest number of votes at the national level;
  

c) 2 judges from the judges, who have obtained the highest number of votes at the national level;
  

d) 1 from the public prosecutor Prosecutor's Office attached to the courts of appeal, which had obtained the largest number of votes nationwide;
  

e) 2 national prosecution of prosecutors from courts and tribunals in addition to specialist who obtained the largest number of votes nationwide;
  

f) (1) Attorney at the public prosecutor's Office attached to the judges, who had obtained the largest number of votes nationwide.
  

(3) the provisions of article 4. 8 para. (4) shall apply accordingly.
  


Article 17 (1) the Superior Council of Magistracy shall verify the legality of the procedures of choice, ex officio or upon referral to any judge or Prosecutor.
  

(2) so as to establish referral, judges and prosecutors have the right to verify the minutes concerning the elections and their outcome, and ballots.
  

(3) Complaints concerning the legality of the procedures of choice may be lodged with the Superior Council of magistrates, within 15 days from the date of the election.
  


(4) Complaints by deciding the plenum, the Superior Council of Magistracy within 5 days from the date of referral. The solution of the opposition shall be notified to the persons who made the referral.
  

(5) where it is found infringements in procedures of choice, Superior Council of the Magistracy has the necessary measures for their removal, including a repeat of the election, only the public prosecutor or the courts that an infringement had as a consequence influencing the outcome of elections.
  


Article 18 (1) the Superior Council of Magistracy shall draw up the final list comprising magistrates elected according to the provisions of art. 8 para. (3) and article 3. 391. (2) and shall notify the permanent Bureau of the Senate.
  

(2) before forwarding the list to the standing Bureau of the Senate, the National Council for analyzing the Security checks, and shall, not later than 15 days after the request of the Superior Council of magistrates, whether elected judges and prosecutors were part of the intelligence services before 1990 or collaborated with them.
  

(3) the permanent Bureau of the Senate shall forward the list referred to in paragraph 1. (1) Legal Commission appointments, discipline, immunities and validations to examine whether laws have been complied with in respect of the election of members of the Superior Council of Magistracy.
  

(4) the Senate, in the presence of a majority of its members, on the basis of the report of the legal Committee, appointments, discipline, immunities and validations, validates the list of magistrates elected as members of the Superior Council of Magistracy. Refusing calls for validation in case of violation of the law in the procedure of election of members of the Superior Council of Magistracy and only if such violation of law has as a consequence influencing the outcome of elections. The provisions of article 17 para. (5) shall apply accordingly.
  


Article 19 (1) for the purpose of electing two representatives of civil society in the Superior Council of magistrates, lawyers, professional associations of professional councils of the faculties of law, accredited associations and foundations which have as their objective the protection of human rights can propose the standing Bureau of the Senate a nominee.
  

(2) Can be elected as members of the Superior Council of Magistracy (SCM) civil society representatives who meet the following conditions: a) are specialists in the field, with a length of at least 7 years in legal activity;
  

b) enjoys high moral and professional reputation;
  

c) were part of the intelligence services before 1990, have not cooperated with them and do not have a personal interest that influences or may influence the carrying out with objectivity and impartiality of the tasks prescribed by law;
  

d) do not have membership of a political party and have not met for the past 5 years of public dignitaries.
  

(3) proposals for candidates shall be submitted to the standing Bureau of the Senate between 90-day and 60-day prior to expiry of the term of the members of the Superior Council of Magistracy, accompanied by the judgment or, where appropriate, the regulatory act of incorporation, articles of incorporation and status of legal persons referred to in paragraph 1. (1) as well as of their fiscal record.
  

(4) the period within which applications are submitted proposals will be published in the Official Gazette of Romania, part III, and on the website of the higher magistrates Council, 30 days prior to the commencement of the period specified in paragraph 1 and flow. 3. (5) proposed Senate Candidates shall submit the documents specified in article 1. 7 para. (4) as well as criminal record.
  

(6) the list of candidates and the documents referred to in article 1. 7 para. (4) is displayed on the internet pages of the Senate and the Superior Council of Magistracy shall, within five days of the expiry of the period for the submission thereof.
  


Article 20 (1) the Senate shall elect, from among candidates referred to in art. 19, the two representatives of civil society, in accordance with the procedure laid down in the regulation to this room.
  

(2) the provisions of article 4. 18 paragraph 1. (2) shall apply accordingly.
  


Article 21 decisions of the Senate concerning validation and election of members of the Superior Council of Magistracy shall be published in the Official Gazette of Romania, part I.


Chapter III operation of the Superior Council of Magistracy (SCM) Article 22 (1) within 15 days after the publication of the judgments referred to in art. 21, the President of the High Court of Cassation and justice shall convene the members of the Superior Council of Magistracy in the constituting sitting.
  

(2) In the constituting sitting, chaired by the President of the High Court of Cassation and justice shall be elected Chairman and Deputy Chairman of the Supreme Council of Magistracy.
  

(3) within 15 days of the constituting sitting of the Superior Council of Magistracy shall lay down the tasks and responsibilities of each permanent member, on fields.
  


Article 23 (1) the Superior Council of Magistracy (SCM) works as a body with constant activity. Decisions of the Superior Council of Magistracy shall be taken in plenary or in sections, according to their respective competences.
  

(2) the members of the Superior Council of Magistracy carries out permanent activity.
  

(3) the President and Vice-President of the Superior Council of Magistracy is not exercising the activity of judge or Prosecutor. Judges and prosecutors elected as members of the Superior Council of Magistracy shall suspend its activity of judge, Prosecutor, respectively, related to the presence of judges in the Court, i.e. complete carrying out acts of criminal investigation by prosecutors. Upon the termination of the mandate, those who have opted for the suspension of its activity include the work of judge or Prosecutor.
  

(4) the members elected the Superior Council of Magistracy are depending on the date of entry into force of the present law may choose to suspend the activity of judge or Prosecutor for the period remaining until the completion of their mandate. The option shall be expressed in writing to the President of the Superior Council of magistrates, within 30 days after the date of entry into force of this law.)
  

(5) the functions of leadership held by judges or prosecutors elected as members of the Superior Council of Magistracy shall be suspended as from the date of publication of the decision of the Senate in the Official Gazette of Romania, part I. members elected by the higher magistrates Council holding a managerial post at the Court's offices, at the time of the time of entry into force of this law), may opt for suspension of the driving function in question under the conditions of paragraph 1. 3. Note _ _ _ _ _ _ _ _ _ *) see Law No. 247/2005 on the reform in the areas of property and justice, as well as some accompanying measures, published in the Official Gazette of Romania, part I, no. 653 of 22 July 2005, as amended and supplemented.

(6) the period within which the judge or Prosecutor is a member of the Superior Council of Magistracy shall constitute the terms of these functions.
  


Article 24 (1) the Superior Council of Magistracy shall be headed by a President, assisted by a Vice-President, selected from among judges and prosecutors as referred to in art. 3 (a). a), which are part of different departments, for a term of one year which may be renewed.
  

(2) the President and Vice-President of the Superior Council of Magistracy shall be elected by the plenary in the presence of at least 15 members of the Council by a majority vote of its members.
  

(3) the President of the Superior Council of Magistracy (SCM) has the following main tasks: to) is the Superior Council of Magistracy in domestic and international relations;
  

b) coordinates the activity of the Superior Council of Magistracy and works for randomized plenum and sections;
  

c) presides over the proceedings of the plenary of the Superior Council of Magistracy, except where the works participating in Romanian President;
  

d) proposes the necessary measures for the commencement of the plenary proceedings for the revocation of the members of the Superior Council of Magistracy and employment jobs become vacant;
  

e) signed documents issued by the plenum of the Supreme Council of Magistracy;
  

f) Constitutional Court shall refer the matter, in order to solve the legal constitutional nature conflicts between public authorities;
  

g) appoints members of the Superior Council of Magistracy which can be see to the development of draft normative acts;
  

h) presents, in public meeting of the plenary, annual report on the activity of the Superior Council of Magistracy, which is transmitted to the courts and prosecutors ' offices and it gives the public.
  

(4) the President of the Superior Council of Magistracy (SCM) meets any other duties stipulated by the law, the rules of organization and functioning of the Superior Council of Magistracy and the plenary.
  

(5) in the absence of the President of the Superior Council of Magistracy, the powers referred to in paragraph 1. (3) and (4) shall be exercised by the Vice-President.
  


(6) in the case of the Office of President or Vice President, the plenum of the higher magistrates Council, not later than one month from the discovery holidays, will proceed to the election of the new President, Vice President, respectively.
  


Article 25 the President of Romania shall preside, without the right to vote, the plenary of the Superior Council of magistrates from participating.


Article 26 (1) the work of sections Superior Council of Magistracy shall be legally constituted in the presence of the majority of the members thereof and shall be chaired by the President or, where appropriate, by the Deputy Chairman of the Supreme Council of Magistracy. Failing that, the members elect a President of section meeting, by a majority vote of those present.
  

(2) the judge or prosecutor who chairs the Department of works and other documents signed by the decisions emanating from it.
  


Article 27 (1) the Superior Council of Magistracy shall meet in plenary sessions and in the wards, on the invitation of the President, Vice-President or of a majority of the members of the plenary or, as appropriate, ai sections.
  

(2) proceedings of the plenary of the Superior Council of magistrates is conducted in the presence of at least 15 members, while the work is being carried out in the presence of sections of the majority of their members.
  

(3) decisions of the plenum of the Supreme Council of Magistracy and decisions sections shall be taken by a majority vote of the members present.
  


Article 28 (1) the President of the High Court of Cassation and justice shall participate in the work of the judges, the prosecutor general's Office of the High Court of Cassation and justice, in the work of prosecutors, and Justice Minister in the work of both departments.
  

(2) the President of the High Court of Cassation and justice, Minister of Justice and Attorney-general's Office of the High Court of Cassation and justice shall not have the right to vote in cases where sections meet the role of court in disciplinary liability, to settle complaints relating to the good reputation of judges and prosecutors and of applications for approval of search , apprehension, arrest or arrest at home with respect to judges, prosecutors and magistrates times.
  

— — — — — — — —-. (2) of article 9. 28 was amended by section 1 of article. 73 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(3) civil society representatives participating in the work of the plenum of the higher magistrates Council.
  


Article 29 (1) the work of the plenary and the Superior Council of Magistracy are usually public. Members of the plenum or of sections shall decide, by majority vote, where meetings are not public. Precinct meetings in which the applications relating to the consent case settles, apprehension, arrest or arrest at home with respect to judges, prosecutors and magistrates, assistants times and those in which it solves relating to good repute of judges and prosecutors shall not be public.
  

— — — — — — — — — —-. (1) of article 1. 29 was modified by section 2 of art. 73 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.

(2) professional associations of judges and prosecutors can take part in the work of the plenary and expressed, when it considers it necessary, a point of view on the issues to be debated, their initiative or at the request of the members of the Superior Council of Magistracy.
  

(3) the agenda of the work of the plenary and the Superior Council of Magistracy shall be approved by them, on a proposal from the President or, where appropriate, of the Vice-President of the Superior Council of Magistracy.
  

(4) decisions of the Superior Council of Magistracy, in the plenary and in the wards shall be taken through direct and secret ballot and shall be suitably substantiated.
  

(5) decisions of the plenum on careers and the rights of judges and prosecutors shall be drawn up not later than 20 days and shall be communicated without delay.
  

(6) the decisions referred to in paragraph 1. (5) shall be published in the Official Gazette of the Superior Council of Magistracy (SCM) and on the website of the Superior Council of Magistracy within 10 days of the drafting.
  

(7) the decisions referred to in paragraph 1. (5) the notice of opposition may be appealed by any interested person, within 15 days after the publication of the communication or, in the Department of administrative and tax High Court of Cassation and justice. Appeal judges are completely made up of 3 URjudecători.*) (8) the appeal suspends the execution of the judgment of the Superior Council of URMagistraturii.*) (9) a judgment by which it resolves the appeal pursuant to paragraph 4. (7) URdefinitivă.*) Note _ _ _ _ _ _ _ _ _ *) come into force on February 1, 2013, in accordance with article unique point 1 of the Government Emergency Ordinance nr. 44/2012 amending art. 81 of Act No. 76/2012 for the implementation of law No. 134/2010 relating to the code of civil procedure, as published in the Official Gazette of Romania, part I, no. 606 23 august 2012.

(10) the agenda is published three days before the Superior Council of Magistracy. In the published agenda does not include applications for approval of detainment, arrest, pre-trial detention or arrest at home with respect to judges, prosecutors and magistrates times. Decisions of the Superior Council of Magistracy shall be published in the Official Gazette of the Superior Council of Magistracy (SCM) and on the website of the Superior Council of Magistracy.
  

— — — — — — — — — — —-. (10) of article 1. 29 was modified by section 2 of art. 73 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter IV tasks of the higher magistrates Council section 1 common provisions Article 30 (1) the Superior Council of Magistracy (SCM) has the right and the obligation to notify and ex officio to defend judges and prosecutors against any act that might impair the independence or impartiality of the times would create suspicion about them. In addition, the Superior Council of Magistracy defends the reputation of professional judges and prosecutors.
  

(2) the judge or the Prosecutor considers that the independence, impartiality or professional reputation is affected in any way you can address the Superior Council of Magistracy, which, depending on the circumstances, may order the verification aspects of the reported outcomes, publication, may refer the matter to the competent organ to decide on the measures to be imposed or may order any other appropriate measure, according to the law.
  

(3) the Superior Council of Magistracy shall ensure compliance with the law and the criteria of competence and professional ethics in the conduct of the professional career of judges and prosecutors.
  

(4) the functions of the plenum of the higher magistrates Council and its sections, relating to the career of judges and prosecutors shall be exercised with due regard for the provisions of law No. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and additions, and of law No. 304/2004 on the organisation, republished, with subsequent amendments and additions.
  


Article 31 (1) in the exercise of his powers the Superior Council of Magistracy may request the Ministry of Justice, the courts and prosecutors ' offices, the National Institute of Magistracy, to other public authorities and institutions, as well as natural or legal persons or acts on information it deems necessary.
  

(2) in order to inform about the work of the courts and prosecutors ' offices, the members of the Superior Council of Magistracy (SCM) carried out at the premises of the courts and the displacements of the prosecutors ' offices and organizes meetings with judges, prosecutors and civil society representatives.
  


Article 32 (1) In cases where the law provides for assent, approval or consent of the Superior Council of Magistracy, the views issued by it is binding. If the law provides for consultation with or the opinion of the Superior Council of Magistracy, the views issued by it is not mandatory.
  

(2) where the law does not stipulate a time limit for the issuance of approvals by the Superior Council of magistrates, these shall be issued within 30 days of the notification. Overrun by the Superior Council of Magistracy of the period within which the opinion should not affect the validity of the Act.
  


Article 33 Superior Council of Magistracy shall draw up and retain professionals, judges and prosecutors.


Article 34 the Superior Council of Magistracy shall coordinate the work of the National Institute of Magistracy and the national school for Clerks.


Section 2 of the plenary powers of the Superior Council of Magistracy Article 35 addressed the higher magistrates ' Council has the following duties relating to career judges and prosecutors: a) proposes the President of Romania the appointment and dismissal of judges and prosecutors, with the exception of trainees;
  


b) called the judges and prosecutors training, trainees on the basis of the results obtained from the examination of the National Institute of Magistracy;
  

c) has judges and prosecutors promotion;
  

d) issued from Office judges and prosecutors and trainee interns;
  

e) proposes the President conferring awards for judges and prosecutors, in accordance with the law;
  

(f) any other duties) meets the established by law or regulation.
  


Article 36 (1) plenum of the higher magistrates Council has the following duties relating to admission to the Magistracy, evaluation, training and exams of judges and prosecutors: the Scientific Council) at the initiative of the National Institute of Magistracy, establishes the annual number of students of the Institute of Magistracy, approve annually the date and place for holding the competition for admission to the National Institute of Magistracy, sets the theme for the competition for admission to the National Institute of Magistracy and approves the program of training of Auditors of Justice , issue opinions and adopt regulations in the cases and under the conditions provided for by law;
  

b) called Admission Committee and the Commission for the preparation of topics for the National Institute of Magistracy, under the conditions laid down in the Regulation on the organisation of the examination for admission to the National Institute of Magistracy;
  

c) organizes and validates according to the law and regulation, examination of the capacity of judges and prosecutors, and approve the programme for the training of judges and prosecutors, on the proposal of the Scientific Council of the National Institute of Magistracy, and the theme of continuous professional development activities, organized by the appeal courts and the public prosecutor's Office;
  

d) organizes and validates according to the law and the rules of competitions for appointment to the positions of judges and prosecutors;
  

e) has competitions for the promotion of judges and prosecutors;
  

f) called for professional evaluation committees of judges and prosecutors, in accordance with the law;
  

g) appoint and revoke the Director and Deputy Directors of the National Institute of Magistracy at the proposal of the Scientific Council of the National Institute of Magistracy, and appoints judges and prosecutors who will be part of the Scientific Council of the National Institute of Magistracy;
  

h) upon the proposal of the Scientific Council of the National Institute of Magistracy, approve the organisational structure, functions and personnel of the National Institute of Magistracy;
  

I) called the Director and Deputy Directors of National School for Clerks and appoints judges and prosecutors who are members of the Governing Council of the school;
  

j any other duties) meets the established by law or regulation.
  

(2) the Superior Council of Magistracy Plenum resolves complaints made by judges and prosecutors against the judgments of the higher magistrates Council wards except those given in disciplinary matters.
  


Article 37 plenary session of the Supreme Council of Magistracy has the following tasks relating to the organisation and functioning of the courts and prosecutors ' offices: a) shall convene the General meetings of judges and prosecutors, in accordance with the law;
  

(b) to supplement measures) approve or reduce the number of posts for courts and Prosecutor's offices;
  

c) establish its draft budget, with the Advisory opinion of the Ministry of public finance, and deliver opinions in accordance to draft the budget of courts and prosecutors ' offices;
  

d any other duties) meets the established by law or regulation.
  


Article 38 (1) the higher magistrates Council Plenum adopted the code of conduct of judges and prosecutors, the rules of organization and functioning of the Superior Council of Magistracy, the regulation on the procedure of election of members of the Superior Council of Magistracy, the rules of procedure of the courts, as well as other regulations and rulings set out in law No. 303/2004, republished, with subsequent amendments and additions, and in law No. 304/2004, republished, with subsequent amendments and additions.
  

(2) front of the higher magistrates Council shall ensure publication of the code of conduct of judges and prosecutors and of the regulations referred to in paragraph 1. (1) in the Official Gazette of Romania, part I, and the Superior Council of Magistracy.
  

3. the plenum of the higher magistrates Council advises draft normative acts relating to the work of the judicial authority.
  

4. the plenum of the Supreme Council of Magistracy endorsed the draft regulations and orders that are approved by the Minister of Justice, in cases stipulated by law.
  

5. the plenum of the Supreme Council of Magistracy may refer the matter to the Minister of Justice on the need of initiation or modification of some legislative acts on justice.
  

(6) the Superior Council of Magistracy shall draw up an annual report on the State of Justice and report on their own activities, the joint Chambers of the Romanian Parliament no later than February 15 of the following year and shall publish them in the Official Gazette of Romania, part III, and on the website of the Superior Council of Magistracy.
  


Article 39 plenum of the higher magistrates Council appoint the Secretary-General and staff with leadership positions from the Superior Council of Magistracy.


Section 3 of the powers of the Superior Council of Magistracy sections Article 40 of Council Wards have the following duties relating to career judges and prosecutors: the judges and delegation) have the posting of judges and prosecutors, in accordance with the law;
  

b) call in leadership positions, judges and prosecutors in accordance with the law and regulation;
  

c) examines the recommendations received from the College of the High Court of Cassation and Justice concerning the appointment of judges within the Court;
  

(d) analyse legal conditions) by the trainee judges and prosecutors and trainee who passed the examination capacity, by other lawyers who have been admitted to the contest entry in the judiciary, the judges and prosecutors entered in the contest and promotion of judges and prosecutors proposed for appointment to the positions of leadership;
  

e) resolves appeals against grades awarded by the annual assessment of the professional activity of judges and prosecutors, constituted according to the law;
  

(f) take measures to settle) complaints received from litigants or from other people regarding the inappropriate conduct of judges and prosecutors;
  

g) proposing the President's appointment and revocation of the President, the Vice-President and the Chairmen of the departments of the High Court of Cassation and justice;
  

h) endorse the proposal of the Minister of Justice on appointment and revocation of the Attorney-general's Office of the High Court of Cassation and justice, the Chief Prosecutor of the national anti-corruption Directorate, of their deputies, heads of Department prosecutors in these offices, as well as the Chief Prosecutor of the Directorate for investigating organized crime and terrorism and the Assistant Supervisor;
  

I) approves the transfer of judges and prosecutors;
  

j) shall require the suspension of judges and prosecutors;
  

(k) any other duties) shall meet the established by law or regulation.
  


Article 41 of Council Wards have following tasks relating to the organisation and functioning of the courts and prosecutors ' offices: a) approve the establishment and abolition of sections of the courts of appeal, courts of their constituencies, as well as setting up the location of the secondary courts and their constituencies, in accordance with the law;
  

(b) approves the proposal of the prosecutor general) of the Prosecutor's Office attached to the High Court of Cassation and justice, or Chief Prosecutor of the national anti-corruption Directorate in establishing and abolishing sections within prosecutors ' offices;
  

(c) endorse the draft judgement) of the Government concerning the list of localities belonging to the districts courts;
  

d) establish processes or categories of applications to resolve in Bucharest only in certain instances, while respecting the competence of the prescribed materials;
  

(e)) at the proposal of the Presidents of courts of appeal, shall determine the number of Vice-Presidents of the courts of appeal, tribunals and courts you have specialized courts in which a Vice President;
  


f) on a proposal from the prosecutor general's Office of the High Court of Cassation and justice, or Chief Prosecutor of the national anti-corruption Directorate, as appropriate, approve the number of prosecutors generals Prosecutor's deputies of the appeal courts and the Prosecutor's Prime prosecutors of the courts, and the public prosecutor's Office, where judges are helped by Assistant primprocurorii;
  

(g) any other duties) shall meet the established by law or regulation.
  


Article 42 (1) of section judges Superior Council of Magistracy shall authorise searches, detention, imprisonment or house arrest in respect of judges and magistrates.
  

(2) Section for prosecutors of the Superior Council of Magistracy shall authorise searches, detention, imprisonment or house arrest with regard to prosecutors.
  

(3) the provisions referred to in paragraph 1. (1) and (2) on the search and detention does not apply in the case of a flagrant offence.
  

(4) Sections higher magistrates Council to pronounce immediately on receipt of the referral.
  

----------
Art. 42 was amended by section 3 of article 9. 73 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 43 Section for judges of the higher magistrates Council appoint and promote magistrates-assistants of the High Court of Cassation and justice, in accordance with the law.


Section 4 of the powers of the Superior Council of Magistracy in the disciplinary liability of judges in article 44 (1) the higher magistrates Council meets, through its departments, the role of the Court in the disciplinary liability of judges and prosecutors, for the facts set out in law No. 303/2004, republished, with subsequent amendments and additions.
  

(2) Section for judges the role of disciplinary court for judges and assistants-the High Court of Cassation and justice. The provisions of this law are applied properly and magistrates-assistants to the High Court of Cassation and justice.
  

(3) the disciplinary action in the event of irregularities committed by a judge shall be exercised by the Judicial Inspection, by the Superintendent, by the Minister of Justice or the President of the High Court of Cassation and justice.
  

(4) the disciplinary action in the event of irregularities committed by prosecutors is exercised by the Judicial Inspection, by the Superintendent, by the Minister of Justice or attorney general's Office of the High Court of Cassation and justice.
  

(5) the disciplinary action in the event of irregularities committed by a magistrate Assistant shall be exercised by the President of the High Court of Cassation and justice or Judicial Inspection, by the Superintendent.
  

(6) for the purpose of pursuing disciplinary action is mandatory prior disciplinary research by the Judicial Inspection.
  


Article 45 (1) where the Minister of Justice, the President of the High Court of Cassation and justice or, where appropriate, the Attorney general's Office of the High Court of Cassation and justice are holders of disciplinary action, they may refer the matter to the Judicial Inspection in connection with irregularities committed by the discipline judges and prosecutors.
  

(2) where a judicial Inspection is holding the disciplinary action, it shall refer the matter to the Office or may be notified in writing and motivated by any interested person, including the Superior Council of Magistracy in relation to irregularities committed by the discipline judges and prosecutors.
  

(3) questions raised according to para. (1) and (2) are subject to prior checking carried out by judicial inspectors within the legal inspection, during which it is determined whether there are indications of a disciplinary. Checks shall be carried out no later than 45 days after the date of the request made by the holder of the disciplinary action pursuant to paragraph 1. (1) or from the date of referral to legal inspection pursuant to paragraph 1. (2) the Chief Inspector may. features to extend the term for making prior checking, with not more than 45 days, if there are reasonable grounds for such a measure.
  

(4) If as a result of carrying out prior checks it is found that there are hints of a disciplinary Inspector: (a) the justice shall) not later than 10 days after their completion, the Minister of Justice, the President of the High Court of Cassation and justice or, where appropriate, the prosecutor general's Office of the High Court of Cassation and justice a proposal ranking If Judicial Inspection was notified under the conditions of paragraph 1. (1);
  

b) referral to the ranks, and the result shall be communicated directly to the person who made the referral and referral to the data subject if the Judicial Inspection was notified under the conditions of paragraph 1. 2. (5) Receiving the proposal referred to in paragraph 1 shall be ranked. (4) (a). a), Minister of Justice, the President of the High Court of Cassation and justice or, where appropriate, the Attorney general's Office of the High Court of Cassation and justice: a) to dispose of the paper and the communication of the outcome of the rank of the person who made the referral and referral to the data subject;
  

b) require prior completion of the verification, motivated when it considers that they are not complete. Filling is carried out by judicial inspector within at most 30 days from the date when it has been requested by the holder of the disciplinary action;
  

c) to order the start of disciplinary research.
  

(6) where it is found that there are hints of a judicial disciplinary Inspector: a) transmits the author referral, within 7 days of the completion of prior checking, the proposal of disciplinary research, if Judicial Inspection was notified under the conditions of paragraph 1. (1);
  

b) has, by resolution, prior to the commencement of disciplinary research, if Judicial Inspection was notified under the conditions of paragraph 1. 2. (7) and received a proposal from which the prior research referred to in paragraph (6) (a). a), Minister of Justice, the President of the High Court of Cassation and justice or, where appropriate, the Attorney general's Office of the High Court of Cassation and justice may order the commencement of disciplinary research.
  

(8) where several notifications relating to the same offence and the same person, referrals are conexează.
  


Article 46 (1) within the framework of disciplinary research are established facts and their consequences, the circumstances in which they were committed, as well as any other relevant data which may be able to appreciate the existence or lack of guilt. Hearing the person concerned and verifying apărărilor judge or Prosecutor sought are required. The refusal of the judge or the Prosecutor sought to make statements or to present themselves to the research it is found through the minutes and shall not prevent the conclusion of the research. The judge or the Prosecutor sought the right to know all the research and seek evidence in defence.
  

(2) disciplinary Research is carried out in compliance with legal provisions relating to classified information and the protection of personal data.
  

(3) a Disciplinary Investigation shall be suspended when the judge or Prosecutor against researched was willing setting in motion criminal proceedings for the same offence.
  

(4) the prosecution is required to notify the Superior Council of magistrates and Judicial Inspection within a reasonable time, the act ordered the setting in motion of the criminal action.
  

(5) suspension of disciplinary research ordering judicial inspector through resolution and operates until the solution given in the case which gave rise to the suspension has become final. The provisions of paragraphs 1 and 2. (4) shall apply accordingly.
  

(6) the Preliminary Investigation shall be made within 60 days from the date of its disposal, except the suspension occurs. Disciplinary investigation may be extended for not more than 30 days, if there are reasonable grounds for such a measure.
  

(7) the disciplinary action can be exercised within 30 days of the completion of the research, but not later than 2 years after the date on which the Act was committed.
  


Article 47 (1) where the appeal has been made under art. 45 para. (2) the Inspector may order the judiciary, through the written and reasoned resolution: a) the admission by referral, disciplinary action and referral to the appropriate section of the Superior Council of Magistracy;
  

b) referral rank if it is not signed, it does not contain the particulars of the author or clues as to the identification of the fact situation that prompted the referral, as well as in the case referred to in article 1. 45 para. (4) (a). b); the resolution is final ranking *);
  

c) rejection of referral, where it is found, as a result of carrying out disciplinary research, that there are conditions for the exercise of the action.
  


(2) in the case referred to in paragraph 1. (1) (a). (b)), it can make a new referral, in compliance with the conditions laid down by law.
  

(3) the inspector shall be subject to judicial Resolution of confirmation of Chief Inspector. The Chief Inspector may order the completion of the research by the judicial disciplinary Inspector. Filling is carried out by judicial inspector within at most 30 days from the date when it was ordered by the Chief Inspector.
  

(4) the resolution of the judicial inspector can be invalidated by the Chief Inspector, in writing and reasoned, which has, through the written and reasoned resolution, one of the solutions provided for in paragraph 1. (1) (a). a) or (c)).
  

(5) the resolution rejecting the referral referred to in paragraph 1. (1) (a). c) and paragraphs 1 and 2. (4) may be contested by the person who made the referral to the administrative and Tax Court of appeal Bucharest, within 15 days of receipt, with the prior proceedings.
  

(6) the solutions they may rule the administrative and Tax Court of appeal Bucharest are: a) rejection;
  

b) admission and termination appeal judicial resolution of the inspector or, where appropriate, to the Chief Inspector and sending the dossier to continue disciplinary proceedings.
  

(7) a judgment of the administrative and Tax Court of appeal Bucharest is irrevocable.
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 397 of 3 July 2014, published in MONITORUL OFICIAL nr. 529 of 16 July 2014, it was considered the plea of unconstitutionality of the phrase "resolution is final ranking" in art. 47 para. (1) (a). b) of law No. 317/2004 relating to the Superior Council of Magistracy, it was found that it is unconstitutional under the assumption provided by art. 45 para. (4) (a). (b) of the same law).

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

In conclusion, in the range of 16 July 2014-30 august 2014, provisions cited above (the phrase "resolution is final ranking" within art. 47 para. (1) (a). b) of law No. 317/2004 relating to the Superior Council of Magistracy is unconstitutional under the assumption provided by art. 45 para. (4) (a). (b) of the same law)) were suspended by operation of law, having ceased legal effect in 31 august 2014, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 48 (1) in the case referred to in article 1. 45 para. (7) the Judicial Inspection shall communicate the result of prior disciplinary action research the holder not later than 7 days after its completion. If it considers that the research is incomplete, the holder may require disciplinary action once the legal inspection completion thereof. Filling is carried out by judicial inspector within at most 30 days from the date when it was requested and shall be notified to the holder of the disciplinary action no later than 7 days after its completion.
  

(2) on receipt of the result of prior research, under the terms of paragraph 1. (1) the Minister of Justice, the President of the High Court of Cassation and justice or, where appropriate, the Attorney general's Office of the High Court of Cassation and justice may exercise disciplinary action by the appropriate section of the referral of the Superior Council of Magistracy.
  


Article 49 (1) The disciplinary procedure in front of sections Superior Council of Magistracy, citing the judge or the Prosecutor against whom disciplinary action is exercised and to legal inspection or, as the case may be, to the Minister of Justice, the President of the High Court of Cassation and justice or the prosecutor general's Office of the High Court of Cassation and justice. The judge or the Prosecutor may be represented by an attorney or judge other times may be assisted by a lawyer represented. Failure of the judge or the Prosecutor sought the prosecution of the action does not prevent the continuation of the judgment.
  

(2) the disciplinary action is backed up in front of the Inspector who exercised judicial and, only in case of impossibility of it by a judicial inspector designated by the Chief Inspector.
  

(3) where disciplinary action is exercised by the Minister of Justice, the President of the High Court of Cassation and justice or, where appropriate, of the general prosecutor's Office of the High Court of Cassation and justice, disciplinary action is supported by the proprietor, or by a designated representative.
  

(4) the parties have the right to peruse all documents dossier and may require the administration of evidence.
  

(5) the provisions of article 4. 46 para. (3) and (4) shall apply accordingly. Suspend ordering by closing, by the appropriate section of the Superior Council of Magistracy.
  

(6) the higher magistrates Council Wards, where he finds that the appeal is well founded, it shall apply one of the disciplinary penalties provided by law, in relation to the seriousness of the disciplinary offence committed by the judge or Prosecutor and with your personal circumstances.
  

(7) the provisions of this law governing the procedure for the resolution of disciplinary action shall be supplemented by the provisions of the code of civil procedure.
  


Article 50 (1) the Superior Council of Magistracy Sections resolves the disciplinary action by a judgment which includes mainly the following: a description of the deed constituting) misconduct and legal;
  

b basis of) sanctions;
  

c) reasons that had been removed by the judge or defence as formulated Attorney;
  

d) sanction and the reasons which gave rise to its application;
  

e) appeal and the period within which the judgment may be appealed;
  

f) jurisdiction to prosecute the appeal.
  

(2) the provisions of paragraphs 1 and 2. (1) shall be supplemented by the provisions of the code of civil procedure concerning the content of the judgment.
  


Article 51 (1) decisions of the precinct Superior Council of Magistracy which has settled the disciplinary action shall be written, binding, no later than 20 days after delivery and it shall, without delay, in writing, the judge or the Prosecutor, as well as the legal inspection or, as the case may be, the holder of the disciplinary action that he exercised. Communication of decisions is ensured by the secretariat-general of the Supreme Council of Magistracy.
  

(2) a member of the Superior Council of magistrates to whom disciplinary action is exercised does not participate in the work of the Department in which you assess this action.
  

(3) against the decisions referred to in paragraph 1. (1) may exercise the appeal within 15 days from the communication of the judge or the Prosecutor punished where appropriate times of Judicial Inspection or other disciplinary action holders who exercised it. Competence to settle the appeal belongs to the bench of 5 judges of the High Court of Cassation and justice. From Panel of 5 judges may not participate as voting members of Council or the disciplinary judge sanctioned.
  

(4) the appeal suspends the execution of the judgment of the Superior Council of Magistracy Division for the application of disciplinary sanctions.
  

(5) a judgment by which it resolves the appeal referred to in paragraph 1. (3) is final.
  


Article 52 (1) disciplinary procedure, to the corresponding section of the Superior Council of magistrates, ex officio or upon the proposal of the Inspector, may order the suspension of the magistrate, pending final resolution of disciplinary action, if the exercise of the function could affect the conduct of disciplinary procedures with impartiality or if disciplinary proceedings is such as to prejudice the serious Prestige justice *).
  

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 774 of 10 November 2015, published in MONITORUL OFICIAL nr. 8 from 6 January 2016, it was considered the plea of unconstitutionality of the provisions of art. 52 para. (1) of law No. 317/2004 relating to the Superior Council of Magistracy, it was found that they are constitutional only insofar as they allow a separate judgment to attack by ordering the suspension from Office of the magistrate, pending final resolution of disciplinary action.


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

In conclusion, as of January 6, 2016, the provisions of articles. 52 para. (1) of law No. 317/2004 relating to the Superior Council of Magistracy, only insofar as they do not allow for a separate attack on the judgment ordering the suspension from Office of the magistrate, pending final resolution of disciplinary action, were suspended by operation of law, and to cease legal effect from 21 February 2016, if the legislature does not intervene to amend the provisions under attack.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) during disciplinary proceedings, the application for a service pension shall be suspended pending the final resolution of disciplinary action.
  


Article 53 where it was decided to exclude from the judiciary of a judge or a Prosecutor, irrevocable judgment shall be sent to the President of Romania, for the purpose of issuing the Decree of liberation.


Chapter V the status members of the Superior Council of Magistracy (SCM) Article 54 (1) the term of Office of the members elected the Superior Council of Magistracy shall be six years, with no possibility of reînvestirii. Judges and prosecutors, members of the Superior Council of Magistracy, the capacity of dignitary.
  

— — — — — — — — —-. (1) of article 1. 54 was amended by section 3 of article 9. in accordance with law No. 137 of 26 April 2013, published in MONITORUL OFICIAL nr. 256 of 8 may 2013, which introduces art. ^ 1 of the EMERGENCY ORDINANCE nr. 23 of June 6, 2012, published in MONITORUL OFICIAL nr. 383 of 7 June 2012.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) by decision of the CONSTITUTIONAL COURT No. 374 of 2 June 2016, published in MONITORUL OFICIAL nr. 504 of 5 July 2016, it was considered the plea of unconstitutionality of the provisions of art. 54 paragraph 2. (1) the first sentence of the law nr. 317/2004, establishing that these provisions are constitutional to the extent that the person elected to fill a vacancy shall exercise their membership of the Superior Council of Magistracy for the remainder of the term of Office remaining until the expiry of the period of 6 years.

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

In conclusion, as of July 5, 2016, the provisions cited above are suspended by operation of law, to the extent that the person elected to fill a vacancy not exercising a member of the Superior Council of Magistracy for the remainder of the term of Office remaining until the expiry of the period of 6 years, to cease legal effects on 19 august 2016 If the legislature does not intervene to amend the provisions under attack.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) the capacity as a representative of civil society elected a member of the Superior Council of Magistracy shall be incompatible with membership of the parliamentary term, elected municipal, public official, judge or Prosecutor in activity, notary public, lawyer, legal counsel or bailiff in exercise.
  

(3) the provisions of article 4. 6 and 7 of law No. 303/2004, republished, with subsequent amendments and additions, shall also apply to the members of the Superior Council of Magistracy.
  

(4) a member of the Superior Council of Magistracy shall cease, where appropriate, upon expiry of their term of Office by resignation, revocation, failure to resolve the incompatibility condition within 15 days of the date of election as a member of the Superior Council of Magistracy, failure to comply with the provisions of art. 7 of law No. 303/2004, republished, with subsequent amendments and additions, the impossibility of executing his duties for a period greater than 3 months, and his death.
  

(5) a member of the Superior Council of Magistracy shall be suspended for the reasons provided for in art. 62 of the Act No. 303/2004, republished, with subsequent amendments and additions.
  


Article 55 (1) revocation of the elected member of the Superior Council of Magistracy shall propose to the President or Vice President, or a third of the members, in the event that the person concerned no longer fulfils the legal conditions to be elected member of the Superior Council of Magistracy, in the event of failure or improper fulfilment of the tasks within the Superior Council of Magistracy or where any disciplinary sanctions.
  

(2) the Superior Council of Magistracy Plenum, referrals made pursuant to paragraph 1. (1), may order revocation of the elected member of the Superior Council of Magistracy.
  

(3) the revocation of President or Vice President shall propose one-third of the number of members of the Superior Council of Magistracy. The provisions of paragraphs 1 and 2. (2) shall apply accordingly.
  

(4) the legal effects Ceased.
  

— — — — — — — — —-. (4) article. 55 ceased effects pursuant to decision of the CONSTITUTIONAL COURT No. 196 of 4 April 2013, published in MONITORUL OFICIAL nr. 231 of 22 April 2013. See Note CTCE below.

(5) if the general meeting of the Prosecutor's Office attached to the High Court of Cassation and justice and the national anti-corruption Directorate, the decision to revoke their representative shall be taken by a majority vote of prosecutors. At the general meeting vote and prosecutors in their territorial structures.
  

(6) the decision to cancel the High Court of Cassation and justice shall be taken by a majority vote of the judges from the General Assembly.
  

(7) the procedure for revocation can be triggered by any General Assembly of the courts or prosecutors they represent a member of the Superior Council of Magistracy (SCM) whose revocation is required, as well as professional associations of judges and prosecutors.
  

(8) the centralization of the results of the vote shall be conducted by the General Assembly that initiated the procedure of the first general meeting or by the professional organisations of judges and prosecutors.
  

(9) the legal effects Ceased.
  

— — — — — — — — —-. (9) article. 55 ceased effects pursuant to decision of the CONSTITUTIONAL COURT No. 196 of 4 April 2013, published in MONITORUL OFICIAL nr. 231 of 22 April 2013. See Note CTCE below.

Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ according to the decision of the CONSTITUTIONAL COURT No. 196 of 4 April 2013, published in MONITORUL OFICIAL nr. 231 of 22 April 2013, it was considered the plea of unconstitutionality of the provisions of art. 55 paragraph 1. (4) and (9) of Act No.. 317/2004 relating to the Superior Council of Magistracy, it was found that they are unconstitutional.

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

In conclusion, in the range of 22 April 2013-6 June 2013, the provisions cited above were suspended by operation of law, having ceased legal effect on 7 June 2013, whereas the legislature not intervened for modification.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 56 (1) the higher magistrates Council members which have the status of a judge or prosecutor responsible civil, disciplinary and criminal proceedings, in accordance with the law.
  

(2) the provisions of art. 45-49 shall apply accordingly.
  

(3) a member of the Superior Council of magistrates to whom disciplinary action is exercised does not participate as an elected member in the work of the Department in which they assess the disciplinary action.
  


Article 57 (1) in the case of cessation of membership of the Superior Council of Magistracy before the expiry of its mandate, the vacant seat shall be held new elections, according to the procedure provided by law.
  

(2) pending the election of a new Member, the interim will be ensured by the judge or prosecutor who obtained the following number of votes during elections held under art. 8 para. (3) or article 21. 13 times, according to the case, art. 19. Article 58


From the Superior Council of Magistracy may not participate during the same time, spouses or relatives up to affine times grade IV.


Chapter VI the device of the higher magistrates Council Article 59 the Superior Council of Magistracy (SCM) has a technical administrative apparatus.


Article 60 (1) Financing current expenditure and capital of the Superior Council of Magistracy shall be ensured from the State budget.
  

(2) the budget of the National Institute of Magistracy and the national school for Clerks, are included in the budget of the Superior Council of Magistracy.
  

(3) the President of the Superior Council of Magistracy (SCM) has the status of authorising officer, who may be delegated to the Secretary-General.
  

(4) the budget for the courts of appeal, courts of law, tribunals and judges is managed by the Ministry of Justice, the Minister of Justice having regard to the quality of the principal authorising officer.
  


Article 61 (1) Device of the Superior Council of Magistracy is headed by a Secretary general.
  

(2) the Secretary general shall be appointed and removed from Office by the plenum of the higher magistrates Council of judges and prosecutors who have at least 8 years of service in the judiciary.
  

(3) the Secretary general of the Supreme Council of Magistracy may be assisted by a Deputy Secretary-General, a specialist in management, human resources or financial literacy.
  

(4) the Secretary general of the Superior Council of Magistracy shall receive a monthly allowance equal to that of the Secretary general of the Ministry of Justice, provided by Government Emergency Ordinance nr. 178/2002 *), approved with amendments and completions by law No. 347/2003, as amended, and his Deputy, a monthly allowance equal to that of a Deputy Secretary general of the Ministry of Justice, provided by the same regulatory action.
  

Note _ _ _ _ _ _ _ _ _ _ *) Government Emergency Ordinance nr. 177/2002 was repealed by Government Emergency Ordinance nr. 27/2006 concerning remuneration and other rights of judges, prosecutors and other personnel from the justice system, approved with amendments and completions by law No. 45/2007, as amended.

Under art. 11 of Chapter VIII of the annex. Vi Framework Law No. 284/2010 relating to the remuneration of staff paid out of public funds, with subsequent amendments, allowances for wrapping the functions of Secretary general of the Supreme Council of Magistracy, chief inspector within the Superior Council of Magistracy and within the Ministry of justice are established on the basis of coefficients outlining referred to the functions referred to in article. 9 para. (4) and art. 10 para. (1) (a). It has) No. CRT. 4 of Framework Law No. 284/2010, as amended.


Article 62 (1) Device of the Superior Council of Magistracy is organized into directorates, services and offices.
  

(2) the organizational structure of the apparatus of the Superior Council of Magistracy shall be fixed by decision of the plenary, within budget.
  


Article 63 (1) the Staff of the Superior Council of Magistracy shall be appointed through competition or exam.
  

(2) the management personnel of the Superior Council of Magistracy shall be appointed by the plenary, and the execution of the Secretary general.
  

(3) the functions of the legal specialist of the Superior Council of Magistracy may be occupied and seconded by judges and prosecutors, in accordance with the law.
  

(4) civil servants and contractual staff of the Superior Council of Magistracy are salary earners according to the legal provisions applicable to the same category of staff from the Parliament.
  

(5) functions and States personally approved by the plenum of the Supreme Council of Magistracy, within budget.
  


Article 64 the duties of the Secretary-General and of the personnel of the Superior Council of magistrates, and the Organization and operation of the compartments within the apparatus of the Superior Council of Magistracy shall be determined by the rules of organization and functioning of the Superior Council of Magistracy.


Chapter VII Judicial Inspection Organization and status of judicial inspectors Article 65 (1) Judicial Inspection shall be established in structure with legal personality within the Superior Council of Magistracy, with headquarters in Bucharest, by reorganizing the legal inspection.
  

(2) a judicial Inspection shall be headed by a chief inspector, assisted by a Deputy chief inspector, appointed through competition organized by the Superior Council of Magistracy.
  

(3) the Judicial Inspection acts according to the principle of operational independence, fulfilling, through judicial inspectors appointed under the law, the powers of analysis, verification and control in specific areas of activity.
  

(4) the rules for carrying out the work of inspection shall be agreed, on the proposal of the Chief Inspector, through regulation, adopted by decision of the plenum of the Supreme Council of Magistracy, to be published in the Official Gazette of Romania, part I.
  


Article 66 (1) for carrying out its duties, the Judicial Inspection has a camera of his own.
  

(2) the apparatus of legal inspection is organized into directorates, services and offices. Within the apparatus of legal inspection work inspectors specialised staff elected, legal magistrates, civil servants assimilated and contractual staff.
  

(3) the Organization and operation of the Judicial Inspection, the organisational structure and responsibilities to departments will be established by the regulation approved by order of the Chief Inspector, to be published in the Official Gazette of Romania, part I.
  

(4) Judicial Inspection works with a maximum of 70 posts.
  

(5) Judicial Inspection Posts referred to in paragraph 1. (4) will be taken from the maximum number of posts financed by the higher magistrates Council through annual budgetary law.
  

(6) the maximum number of posts for legal inspection device may be modified by decision of the Government on the proposal of the Chief Inspector, with the opinion of the Superior Council of Magistracy.
  

(8) Financing current expenditure and capital of the Judicial Inspection shall ensure full State budget funds intended for legal inspection being highlighted in the budget of the Superior Council of Magistracy.
  


Article 67 (1) the Chief Inspector and Chief Inspector and Deputy are appointed by the plenum of the Superior Council of magistrates of the judicial inspectors, following a contest which consists in the presentation of a project concerning the exercise of the powers specific to the function of leadership and in a written test management, communication, human resources, applicant's capacity to take decisions and assume responsibility, stress resistance and a psychological test.
  

(2) the contest is organized by the Superior Council of Magistracy, according to rules approved by decision of the plenum of the Supreme Council of Magistracy, to be published in the Official Gazette of Romania, part I.
  

(3) the Organization of contests for the vacancy of chief inspector and Deputy chief inspector is announced at least 3 months prior to the date thereof.
  

(4) the term of Office of the Chief Inspector and Deputy Chief Inspector is three years and can be renewed once only, in compliance with the provisions of paragraphs 1 and 2. (1) and (5) the Chief Inspector and Deputy Chief Inspector can be cancel by the plenum of the Supreme Council of Magistracy, in the event of failure or improper fulfilment of the managerial duties. The revocation shall be based on the annual report of the audit Board referred to in article 1. 68. (6) a judgment plenary of the Superior Council of Magistracy (SCM) ordering the revocation of the appeal may be contested within 15 days of the notification to the Department of administrative and tax High Court of Cassation and justice. The appeal suspends the execution of the judgment of the Superior Council of Magistracy. The judgment by which it resolves the appeal is irrevocable.
  


Article 68 (1) assessing the quality of management of legal inspection shall be made annually, via an external independent audit.
  

(2) the audit referred to in paragraph 1 Funding. (1) the budget of the Judicial Inspection. Selecting the entity which will perform the audits shall be carried out in compliance with the legal provisions on public procurement.
  

(3) The procedure for public procurement entities may not participate in the public sector or private sector entities to which the State is a shareholder.
  

(4) the audit report shall be drawn up in the first three months of the year and includes, necessarily, recommendations on how the performance of managerial duties, efficient organization, behavior and communication, the assumption of responsibilities by the management of the legal inspection, as well as recommendations regarding the need for the reduction or, as appropriate, of its additional stations.
  

(5) not later than 5 days after receipt of the audit report, the Chief Inspector shall proceed with its communication the higher magistrates Council.
  


Article 69 (1) the Chief Inspector meets, in principle, the following tasks:
  


He has) management and organisation of activity of legal inspection;
  

(b) the Judicial Inspection) represent in dealing with the Superior Council of Magistracy or other domestic or international institutions;
  

c) shall exercise the powers conferred on legal as authorising officer;
  

d) to random allocation of cases within legal inspection;
  

e) establishes annually or whenever it is appropriate to specific areas of activity with regard to who is controlling the judiciary, after consultation with the Inspector's proposal of any of the holders of disciplinary action;
  

f) establishes supervisory teams, in the fields referred to in e);
  

g) called the law, judicial inspectors and other personnel within the legal inspection, amendment, suspension and termination of employment or service thereof;
  

h) sets out the powers and duties of the individual responsible for approving job descriptions thereof;
  

I) evaluates, according to law, subordinate staff;
  

j any other duties) meets the prescribed by law.
  

(2) the Chief Inspector shall not require a Judicial Inspection and does not receive instructions from any authority, institution or person in carrying out its duties relating to the conduct of checks, and, except as provided for in this law.
  

(3) the Chief Inspector of the Judicial Inspection is the authorising officer, in accordance with the law.
  

(4) Deputy Chief Inspector performs the following duties: a) coordinates the activity of the Judicial Inspection personnel, other than judicial inspectors;
  

b) Chief Inspector helps in the task of verification and approval of laws and resolutions issued by judicial inspectors;
  

c) coordinates the activity of labour protection and industrial safety;
  

d) coordinates the training of judicial inspectors and the work of unification of the practice at the level of legal inspection;
  

e) is to substitute the Chief Inspector;
  

f) carry on any other duties delegated by the Chief Inspector.
  


Article 70 (1) Inspectors within the Judicial Inspection shall be appointed by the Chief Inspector, following a competition, for a term of 6 years, of judges and prosecutors who have a length of at least 8 years in judiciary, which have at least the rank of court or tribunal's flooring and had very good rating «» since the last evaluation.
  

(2) the competition consists in supporting a probe by and an interview, and the theme of the contest includes laws, regulations and any other regulations governing the Organization and functioning of courts, prosecutors ' offices and the Judicial Inspection, as well as the provisions of the code of penal procedure or the code of civil procedure, according to the judge or Prosecutor specialization candidate. The interview has a share of 30% in the final of the competition. Rules of organisation and conduct of the contest is approved by decision of the plenum of the higher magistrates Council, on a proposal from the Chief Inspector and shall be published in the Official Gazette of Romania, part I.
  

(3) Organizing competitions for filling judicial inspector within the legal inspection and posts that are removed from the contest is announced at least 3 months before the date of the contest. The competition is organised with at least 3 months before the date of expiry of the term of Office of an inspector.
  


Article 71 (1) for the duration of the exercise of the mandate of the chief inspector, Deputy chief inspector, inspector and judges and prosecutors are suspended in the functions they occupy in courts and Prosecutor's offices. Judges and prosecutors with managerial functions are forced to choose between function and the inspector, within 30 days from the date of acquiring the right to continue to occupy the post of inspector. After the 30 days, driving or judicial inspector was made vacant by the right option.
  

(2) the provisions regarding penalties and disciplinary misbehaviour, and disciplinary procedure properly apply judicial inspectors.
  

(3) Inspectors within the Judicial Inspection are the Cancel if that were applied to a disciplinary penalty or, in the case referred to in article 1. 77 para. (5) (4) The termination of a judicial inspector, incumbent judges and prosecutors to the courts or the public prosecutor where they worked previously with their consent, to other courts or offices where they may operate according to law. Art. 134 ^. (2) to (5) of law No. 304/2004, republished, with subsequent amendments and additions, shall apply accordingly.
  


Article 72 (1) inspectors of the judiciary operates independently and impartially.
  

(2) judicial Inspectors can't conduct disciplinary or any other research papers relating to judges or prosecutors from courts times prosecutors where the inspector worked. In this case, the dossier shall be allocated another inspector, randomly, in compliance with the provisions of art. 73. Article 73 (1) the method for allocating the complaints and disciplinary files judicial inspectors shall be in computerised or otherwise random allocation ensures that folders.
  

(2) the redistribution of judicial inspectors randomized works can be done only in the following cases, the application of paragraph 1. (1): a) impossibility of allocating powers for at least 20 days;
  

(b) a reasoned request to the Inspector) judiciary that has been distributed to the work;
  

c) suspension from work, in accordance with the law;
  

d) whenever the person versus quality researched, impartiality of disciplinary research might be affected;
  

e) conflict of interest.
  

(3) the statements, documents or other information requested by the Judicial Inspection or which are required for the conduct of disciplinary research be disseminated directly to legal inspection.
  

(4) judicial Inspectors may, in accordance with the law, including the heads of courts or prosecutors, any information, data, documents, or any checks that they consider necessary in order to carry out disciplinary research or exercise other duties provided by law or regulations.
  

(5) statements, documents or any other information that is on the role of Judicial Inspection shall be confidential, with the exception of those that are, by law, information of public interest.
  


Article 74 (1) judicial Inspectors have the following duties: a) in matters relating to disciplinary and interdisciplinary research carried out for the purpose of pursuing disciplinary action against judges, prosecutors, including those who are members of the Superior Council of magistrates, the magistrates and the relative-assistants to the High Court of Cassation and justice, under the present law;
  

b) carry out checks at the courts in connection with the observance of the procedural rules concerning the receipt of applications, random allocation of cases and the setting of time limits, continuity of the judges ' Panel, pronunciation, drafting and submitting dossiers to the judgments, courts, execution of criminal and civil decisions and inform the judges section of the Superior Council of Magistracy, by formulating appropriate proposals;
  

c) carry out checks at offices in connection with the observance of procedural rules relating to the receipt and recording of the work, the allocation of dossiers on objective, continuity in the work assigned and the independence of prosecutors, meeting deadlines, and procedural documents and informs the Department for prosecutors of the Superior Council of Magistracy, by formulating appropriate proposals;
  

d) managerial effectiveness checks and how to carry out the duties arising from the laws and regulations to ensure the proper functioning of the Court and the public prosecutor's Office, the appropriate quality of service, has signalled shortcomings and formulate appropriate proposals for overcoming them, the corresponding section;
  

e) verify the complaints addressed to the Judicial Inspection or refer the matter to the Office in connection with the work or conduct of judges, prosecutors, including those who are members of the Superior Council of Magistracy and assistants of magistrates-High Court of Cassation and justice, or in connection with the violation of professional obligations;
  

f) performs at the request of the Superior Council of Magistracy, checks the condition of good reputation, for judges and prosecutors;
  

g) performs checks ordered by the plenum of the Supreme Council of Magistracy for settlement relating to the defence of professional reputation and independence of judges; submit to the plenary of the higher magistrates Council report containing the result of the checks;
  


h) shall carry out any other checks or checks ordered by the plenum of the Supreme Council of Magistracy, the higher magistrates Council wards or Chief Inspector of the Judicial Inspection, in accordance with the law.
  

(2) the powers specified in paragraph 1. (1) (a). b), c) and (d)) shall be made ex officio or at the request of the plenum of the higher magistrates Council of sections Superior Council of Magistracy.
  


Article 75 (1) in exercising their powers under article 4. 74, with the exception of those relating to disciplinary research, judicial inspectors shall draw up inspection reports which it shall communicate to the courts/Prosecutor subject to checks with a view to the formulation of objections.
  

(2) the inspection report referred to in paragraph 1. (1) together with the objections, shall be forwarded to the appropriate Department of the higher magistrates Council, which establishes the necessary measures to remedy the situation.
  

(3) in the event that it considers that the objections are valid, the Superior Council of magistrates may order, in writing and reasoned, Resending the report completion of the checks, indicating specifically what issues must be completed.
  


Article 76 (1) Verifying complaints relating to the good reputation of judges and prosecutors in the function is done by the Judicial Inspection, ex officio or at the request of any interested person.
  

(2) the inspection report compiled following inspections relating to good repute shall be notified to the magistrate who is the subject of the referral and the person who filed the appeal within 15 days from completion, so as to establish of objections.
  

(3) the inspection report referred to in paragraph 1. (2) together with the objections, shall be forwarded to the appropriate Department of the Superior Council of Magistracy. On the basis of the report and the objections, the corresponding section decide on finding fulfilment or failure to comply by the magistrate of the condition of the good reputation of the time, if it considers that the objections are valid, has in writing and reasoned, Resending the report completion of the checks, indicating specifically what issues must be completed. Decision adopted by the non-fulfilment of the condition of good reputation contain the proposed release from Office, pursuant to art. 65 paragraph 1. (1) (a). I) of law No. 303/2004, republished, with subsequent amendments and additions.
  

(4) during the checking procedure and the fulfilment of the condition of good reputation, the corresponding section of the Superior Council of magistrates, ex officio or upon the proposal of the Inspector, may order the suspension of the magistrate, pending completion of the procedure, if the exercise of the function could affect deployment with impartiality of verification procedures, or if such proceedings are likely to affect serious Prestige.
  

(5) a judgment referred to in paragraph 1, section. (3) may be appealed in front of the opposition Superior Council of magistrates, within 15 days of receipt, and the judgment of the plenum can be attacked with recourse to the Administrative Court of the High Court of Cassation and justice, at the same time. Judgment of the Court is final.
  

(6) the final Judgment by the non-fulfilment of the condition of good repute shall be communicated to the Presidency of Romania in order to issue the Decree of liberation.
  


Article 77 (1) of the professional evaluation of judicial inspectors shall be made annually by a Committee consisting of the Chief Inspector and the other 2 members elected by the General Assembly of the judicial inspectors, through a qualifier: "very good", "good", "satisfactory" or "unsatisfactory".
  

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

(3) in dealing with the opposition, the Superior Council of Magistracy departments may require the Chief Inspector the Inspector with any information the times rated it deems necessary, and citing judicial inspector to be heard.
  

(4) decisions of the precinct may be appealed to the plenum of the Supreme Council of Magistracy, according to art. 36 para. (2) (5) judicial Inspector who receives "unsatisfactory" or two consecutive graded "satisfactory" is revoked from the post of inspector.
  

(6) the criteria for the evaluation of professional activity to judicial inspectors and the evaluation procedure shall be laid down in the regulation on the organisation and functioning of the legal inspection.
  


Article 78 (1) the period within which the judge or Prosecutor is a judicial inspector constitutes the Office of judge or Prosecutor.
  

(2) the period of the mandate, the inspectors have all the legal rights of judges and prosecutors on secondment, as well as the obligations provided by law for judges and prosecutors.
  

(3) judicial Inspectors may participate during the mandate, competitions or selection procedures in order to promote the implementation of the functions of magistrates. In the case of promotion, inspectors may choose between continuing the mandate of the inspector, with the acquisition of new professional degree, and promoting effective as running for councilors within 30 days from the date of validation of the results of the examination.
  

(4) the Remuneration shall be determined and the rights of inspectors in accordance with the law.
  


Article 79 Office legal inspection, goods and values belonging to the Administration, supervision and safeguarding access to the Interior for normal activity in this Office shall, free of charge, by the Romanian Gendarmerie, through its specialized structures.


Chapter VIII transitional and final Provisions Article 80 the number of posts necessary usability Superior Council of Magistracy shall be fixed by decision of the plenary, within budget.


Article 81 the staff of the Ministry of Justice and public prosecutor of the High Court of Cassation and justice, picked up a technical device of the Superior Council of Magistracy shall be deemed to be transferred.


Article 82 within 60 days of the publication of this law, the Government will provide an Office corresponding to the Superior Council of Magistracy.


Article 83 from the date of entry into force of this law, the designation of the Centre for training and improvement of Clerks and Other support staff, contained in the normative acts in force, shall be replaced by the national school for Clerks.


Article 84 (1) the main office Superior Council of Magistracy, of the goods and values belonging to the latter, the supervision and maintenance of Interior order for normal activity in this Office shall, free of charge, by the Romanian Gendarmerie.
  

(2) Judges elected members of the Superior Council of Magistracy shall enjoy protection under the law, under conditions laid down by the protocol concluded between the President of the Superior Council of Magistracy and Minister of administration and Interior.
  


Article 85 (1) this law shall enter into force 90 days after the date of publication in the Official Gazette of Romania, part I, with the exception of art. 82. (2) the date of entry into force of this law, the provisions of title V, "Magistracy". 86-90 of the law nr. 92/1992 for the judicial organisation, republished in the Official Gazette of Romania, part I, no. 259 of 30 September 1997, with subsequent amendments and additions, as well as any other provisions to the contrary are hereby repealed.
  

Note Note: we present below art. III-V of law No. 24/2012 for the modification and completion of the law #. 303/2004 on the status of judges and prosecutors and law No. 317/2004 relating to the Superior Council of magistrates, which are not incorporated in the consolidated text of the law No. 317/2004 and which still apply as provisions of law No. 24/2012: "Art. III. — (1) the provisions of article 4. II apply to 120 days of the entry into force of the present law, every *) which becomes operational Judicial Inspection. At the same time dissolved the boards of discipline.

_ _ _ _ _ _ _ _ _ _ *) Law No. 24/2012 entered into force on 26 January 2012.

(2) the work and role of the dossiers on the boards of discipline at the date referred to in paragraph 1. (1) completed judicial inspectors have work or other inspectors designated by the Chief Inspector, in compliance with the present law. Art. IV.-(1) through the reorganization of the Superior Council of Magistracy, the posts within the legal inspection of the Superior Council of Magistracy shall be taken by the Judicial Inspection organized according to this law, and the staff is picked up and reinstated in the new structure under the present law.

  

(2) expenditure on personnel and taken over by Judicial Inspection stations at the Superior Council of Magistracy will be allocated from the budget of the Superior Council of magistrates in the Judicial Inspection budget.
  


(3) expenditure necessary for the operation of the legal inspection, other than those referred to in paragraph 1. (2) will be allocated from the budget of the Superior Council of Magistracy. Computer equipment, furniture, Office equipment, and other assets necessary Judicial Inspection activities will be transferred through the protocol of teaching, from the management of the higher magistrates Council in the management of the legal inspection.
  

(4) the Ministry of public finance is authorised, at the proposal of the authorising officers, to introduce budgetary changes resulting from the application of the provisions of this law in the structure of the budget the Superior Council of Magistracy and the legal inspection.
  

Art. V.-(1) the head of the Inspection Service for judges and the head of the Inspection Service for prosecutors will continue to act as inspectors under the legal inspection, until the expiry of their term of Office by the inspector.

(2) judicial Inspectors learn depending on the date of entry into force of this law shall continue to rule until the date of expiry thereof, and the procedure laid down in this law for the judicial functions of the inspector to apply for new appointments.
  

(3) within 45 days after the date of entry into force of this law, the Superior Council of Magistracy will adopt the judgment approving the regulation referred to in article 1. 64 ^ 3 para. (2) *) of law No. 317/2004 relating to the Superior Council of Magistracy, as amended and supplemented, and will hold the competition to fill the functions of chief inspector and Deputy chief inspector. Chief Inspector according to continue their activity until the date of appointment of the Chief Inspector of the Judicial Inspection, under the present law.
  

_________

*) Art. 64 ^ 3 para. (2) to become art. 67 para. (2) by renumbering.

(4) within 30 days of the appointment of the Chief Inspector: a) approves regulation on organisation and functioning of the legal inspection;
  

(b) propose for approval to the plenary) the higher magistrates Council Regulation referred to in article 1. 64 ^ 6 para. (2) *) of law No. 317/2004, as amended and supplemented, and the rules laid down in article 21. 64 ^ 1 (1). (4) *) of the same law. "
  

__________

**) Art. 64 ^ 6 para. (2) to become art. 70 paragraph 1. (2) by renumbering.

) Art. 64 ^ 1 (1). (4) it became art. 65 paragraph 1. (4) by renumbering.

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