1. Disciplinary liability of judges in Romania
Georgiana Iorgulescu
Executive Director
Center for Legal Resources
7/11/2019`1
FOOTER GOES HERE

2. The disciplinary liability is provided by law on the Statute of Judges
The judges are disciplinary liable for:
Irregularities in performing their job and
Deeds witch affect the reputation of justice
21 of disciplinary offences
N. B.

3. Disciplinary sanctions (decided case by case)
warning
decreasing the gross monthly indemnity (by up to 20% for a period from one to 6 months)
disciplinary transfer (for a period of up to one year to a court within the jurisdiction of another court of appeal)
suspension from office (for a period of up to 6 months)
exclusion from the magistracy

4. Superior Council of Magistracy
Romanian Constitution
guarantees the independence of justice
proposes the appointment of judges
deals with the judges 'careers
deals with the disciplinary liability

5. Superior Council of Magistracy
Is composed of 19 members:
9 judges (elected by their peers)
5 prosecutors (elected by their peers)
the Minister of Justice
the President of the High Court of Cassation and Justice
the General Public Prosecutor
two representatives of the civil society appointed by the Senate

6. Superior Council of Magistracy
Works in Plenum and 2 sections:
One section for judges
One section for prosecutors
Disciplinary procedures against judges take place only in front of the Section for judges, composed of:
9 judges
President of the High Court of Cassation and Justice (no right to vote)
Minister of Justice (no right to vote)

7. The holders of the disciplinary action in front of Section of Judges
The Judicial inspection
The Minister of Justice (for judges and prosecutors)
The President of the High Cassation and Justice (only for judges)

8. The Decision issued by the Section of Judges
May be appealed in front of the High Court of Cassation and Justice (panel of 5 judges) by
the judge
the Judicial Inspection
the other holder of the disciplinary action who exercised it

9. Judicial Inspection Independent legal entity within the SCM
Run by a chief inspector (judge) appointed by SCM after a contest
The inspectors are judges (8 years experience), appointed by the chief inspector after a contest
32 judge inspectors (4.600 judges)

10. Principles -Judicial Inspection
Legality
Confidentiality
Transparency
Impartiality and independence of inspectors
Judge’s independence and authority of res judicata

11. Principles -Judicial Inspection
Legality
Confidentiality
Transparency
Impartiality and independence of inspectors
Judge’s independence and authority of res judicata

12. Who can refer to JI The Ministry of Justice
The President of the High Court of Cassation and Justice
Any other interested person
Judicial Inspection can makes an ex officio referral
This right to refer can not question judicial decisions able to be appealed
N. B.

13. The complaint
Preliminary Disciplinary Disciplinary Investigation (JI) investigation (JI) judgement (SCM) Final Decision at HCCJ
3 stages

14. The parties in front of the Section
1) The holder of the disciplinary action:
The Judiciary Inspection
The Minister of Justice
The President of the HCCJ
2) The judge (represented by another judge or lawyer)
The sessions are not available to the public (including the person who made the referral)
N. B.

15. Who can appeal
Judge JI MoJ, President of HCCJ
3 parties

16. Rights governing the disciplinary proceedings
to be fully informed about the case
to have access to all the evidence
to representation
to write statements and propose evidence
to refuse to give statements
to have a reasonable timetable of the proceeding
to appeal

17. Thank you for your attention!