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CONSTITUTION

 

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CHAPTER VI

Judicial Authority

Section 1

Courts of Law

Status of Judges

Article 125

(1) The judges appointed by the President of Romania shall be irremovable, according to the law.

(2) The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall only be within the competence of the Superior Council of Magistracy, under the terms of its organic law.

(3) The office of a Judge shall be incompatible with any other public or private office, except that of an academic professorial activity.

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Section 3

Superior Council of the Magistracy

Role and Structure

Article 133

(1) The Superior Council of Magistracy shall guarantee the independence of justice.

(2) The Superior Council of Magistracy shall be comprised of nineteen members, of whom:

a) fourteen are elected in the general meetings of the magistrates, and validated by the Senate; they shall belong to two sections, one for judges and one for public prosecutors; the first is comprised of nine judges, and the second of five public prosecutors;

b) two representatives of the civil society, specialists in law, who enjoy a good professional and moral reputation, elected by the Senate; these shall only participate in plenary proceedings;

c) the Minister of Justice, the President of the High Court of Cassation and Justice, and the General Public Prosecutor of the Public Prosecutor's Office attached to the High Court of Cassation and Justice.

(3) The President of the Superior Council of Magistracy shall be elected for one year's term of office, which cannot be renewed, from among the magistrates listed under paragraph (2) subparagraph a).

(4) The length of the term of office of the Superior Council of Magistracy members shall be six years.

(5) The Superior Council of Magistracy shall make decisions by secret vote.

(6) The President of Romania shall preside over the proceedings of the Superior Council of Magistracy he takes part in.

(7) Decisions by the Superior Council of Magistracy shall be final and irrevocable, except for those stipulated under Article 134 paragraph (2).

Powers

Article 134

(1) The Superior Council of Magistracy shall propose to the President of Romania the appointment of judges and public prosecutors, except for the junior ones, according to the law.

(2) The Superior Council of Magistracy shall perform the role of a court of law, by means of its sections, as regards the disciplinary liability of judges and public prosecutors, based on the procedures set up by its organic law. In such cases, the Minister of Justice, the President of the High Court of Cassation and Justice, and the General Public Prosecutor of the Public Prosecutor's Office attached to the High Court of Cassation and Justice shall not be entitled to vote.

(3) Decisions by the Superior Council of Magistracy as regards discipline may be contested before the High Court of Cassation and Justice.

(4) The Superior Council of Magistracy shall also perform other duties stipulated by its organic law, in order to accomplish its role of guarantor for the independence of the judiciary.

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