January 27, 2023

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The special commission of the Parliament for the Laws of Justice resumes the debates today

The joint special commission of the Chamber of Deputies and the Senate for the examination of legislative initiatives in the field of justice continues, on Monday, the debates, after last week it completed the project related to the Superior Council of Magistracy. The meeting is scheduled for 12:00.

Among the adopted amendments is the one according to which “public servants and contractual staff from the own apparatus of the Superior Council of the Magistracy and the Judicial Inspection are assimilated, in terms of rank and salary, to the corresponding staff within the Parliament, benefiting accordingly from their salary rights” .

Among the adopted amendments is the one according to which “disciplinary action against a prosecutor or judge can be exercised by the judicial inspector within 30 days from the completion of the preliminary disciplinary investigation, but no later than 3 years from the date on which the act was carried out”. The initial proposal in the draft established that disciplinary action against a magistrate can be exercised by the judicial inspector within 30 days from the completion of the preliminary disciplinary investigation, but no later than 2 years from the date on which the act was committed.

The Commission unanimously adopted an amendment of the CSM, assumed by all parliamentary groups, regarding the election of representatives of civil society as members of the Council, among the conditions introducing the fact that they “are specialists in the field of law, with a seniority of at least 10 years in a legal profession or in higher legal education”. According to the project developed by the Ministry of Justice, the 10-year term was valid only for legal activity.

“Members of the Superior Council of Magistracy are elected from among the judges and prosecutors appointed by the President of Romania, with at least 7 years of experience as a judge or permanent prosecutor and who have not been disciplined in the last 3 years, except in the case where the cancellation of the sanction intervened”, provides an amendment adopted by the commission, which was initiated by the USR parliamentarians and assumed by the members of the special commission.

The draft law proposed by the Government did not foresee the situation in which the cancellation of the sanction intervenes.

Another amendment adopted by the commission stipulates that, within 60 days of the CSM’s constitution meeting, the duties and responsibilities of each permanent member are determined by field of activity. The term contained in the draft law in the Government’s version was 15 days.

The parliamentarians of the commission also voted for an amendment of the PNL which stipulates that “the proceedings of the plenary session and of the sections of the Superior Council of Magistracy are, as a rule, public. The members of the plenary session or sections decide, with a majority of votes, the situations in which the meetings are not public. The meetings the sections in which the requests regarding the approval of the search, detention, preventive arrest or house arrest, judicial control or judicial control on bail are resolved regarding judges or prosecutors, as well as those regarding hearings and deliberations in disciplinary matters are not public”.

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