The Parliamentary Commission for Justice Laws completed discussions on the draft statute for prosecutors and judges on Thursday, adopting a series of amendments, Agerpres reports.
One of the main innovations is the elimination among disciplinary offenses of the “failure and unjustified non-compliance with the judgments of the Court of Justice of the European Union, the European Court of Human Rights, the sentences of the Constitutional Court and the judgments pronounced by the High Court of Cassation and Justice in the settlement of appeals in the interest of the law or in the solution of legal issues, in accordance with the provisions of art. 20 and art. 148 of the Romanian Constitution, republished “.
The Minister of Justice, Cătălin Predoiu, explained already in August why he removed from the justice bills the possibility of disciplinary sanctions for judges for non-compliance with the decisions of the Constitutional Court, in favor of the application of an imperative rule of the EU law, arguing that “all sources of law with a binding character are and remain binding, and the judge must have full freedom and independence in interpretation, harmonization, removal (in case of conflict) and application”.
The members of the commission also deleted from the list of disciplinary violations “manifestations that seriously and evidently damage the honor or professional integrity or prestige of the judiciary committed in the exercise or outside the exercise of official functions”.
Among the amendments adopted by the commission is the one that provides that the disciplinary sanctions of the judges are abolished by law within 3 years from the date of execution, if within this period a new sanction is not applied to the judge or to the public prosecutor, according to Agerpres.
“The provisions on disciplinary offenses and disciplinary sanctions of magistrates and prosecutors are also adequately applied to the adjunct magistrates of the High Court of Cassation and Justice, as well as to specialized legal personnel similar to magistrates and prosecutors, and the procedure of imposition of disciplinary sanctions is as required by this law, “provides another amendment adopted Thursday by the special parliamentary commission.
According to another amendment, for the adjunct magistrates, the disciplinary commission is composed of five members: three judges appointed by the president of the High Court of Cassation and Justice and two representatives of the adjunct magistrates, appointed by their general assembly, by majority vote. of those present.
The Parliamentary Commission for Justice Laws will hold its next meeting on Monday, from 11:30 am. At this meeting, the reports on all three bills on justice will be voted: the one relating to the Superior Council of the Judiciary, the one relating to the judicial organization and the status of judges and prosecutors.
After the adoption of the reports in the committee, the projects will enter the plenary debate of the Senate, the legislative decision-making body in this case.
