Disciplinary liability of judges in Romania Georgiana Iorgulescu

Disciplinary liability of judges in Romania Georgiana Iorgulescu Executive Director Center for Legal Resources 11/21/2020`1 FOOTER GOES HERE 1

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

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

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

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

Superior Council of Magistracy Works in Plenum and 2 sections: v One section for judges v 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)

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

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

Judicial Inspection o Independent legal entity within the SCM o Run by a chief inspector (judge) appointed by SCM after a contest o The inspectors are judges (8 years experience), appointed by the chief inspector after a contest Ø 32 judge inspectors (4. 600 judges)

Principles -Judicial Inspection üLegality üConfidentiality üTransparency üImpartiality and independence of inspectors üJudge’s independence and authority of res judicata

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

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

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) N. B. The sessions are not available to the public (including the person who made the referral)

Who can appeal 3 parties Judge JI Mo. J, President of HCCJ

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

Thank you for your attention!