Law On Ministerial

SoJust, UNJR Lawsuits against GEO 95/2007 on amending the law on ministerial responsibility
01 November 2007 23:08
1. On October 31, 2007 the Bucharest Court of Appeal resolved the file no. 7310/2/2007 , having as object the request for suspension of the execution of the Decision no. 695/2007 of the Superior Council of Magistracy and of the Regulation on the procedure for appointing judges in the Special Commission established for analyzing notifications regarding the commission of a crime in the exercise of office by the members of the Government, until the pronouncement of the court of first instance . The request for suspension was admitted , until the substantive settlement of the request for annulment of the two acts issued by the Superior Council of Magistracy.

The text of the suspension request can be found here .

2 . On 31.10.2007 , SoJust and UNJR formulated and introduced several requests:

a) preliminary complaint to the Superior Council of Magistracy against the Decision of the SCM 433 / 18.10.2007 by which a number of 5 judges were proposed for the appointment in the presidential commission of approval of the criminal investigations. The preliminary complaint was registered under no. 21934/1154/07 and has as object the request for revocation by the SCM of the contested decision.

The full text of the complaint can be downloaded here .

b) Request for suspension of the effects of the SCM Decision 433 / 18.10.2007 by which a number of 5 judges were proposed for the appointment in the presidential commission of approval of the criminal investigations.

The request was registered at the Bucharest Court of Appeal, under no. – 7613/2/2007 and received a deadline on 14.11.2007.

The full text of the application can be downloaded here .

c) Action in administrative contentious by which the annulment on the merits of Decision no. 695 / 11.10.200 7 of the Superior Council of Magistracy and the Regulation on the procedure for appointing judges in the Special Commission established for the analysis of notifications regarding the commission of a crime in the exercise of office by members of the Government, pending the ruling of the court of first instance.

The action was registered under no. 7611/2/2007 at the Bucharest Court of Appeal and received a term on 29.11.2007.

The full text of the application can be downloaded here .

Along with the contentious action, an exception of unconstitutionality was formulated, invoking the entire unconstitutionality of the Government Emergency Ordinance no. 95 of October 4, 2007 published in the Official Gazette of Romania, part I no. 678 of October 4, 2007.

The text of the exception can be downloaded here .

3. We remind you that SoJust and UNJR strongly opposed GEO no. 95/2007 since its adoption, as follows:

· On October 5, 2007, in a press release , SoJust warned that ” amending the law on ministerial responsibility by emergency ordinance and the content of these changes are short-term political solutions incompatible with the rule of law.” and requests the Superior Council of Magistracy of the SCM to assess as a matter of urgency on the compatibility of the mechanisms introduced by the Emergency Ordinance no. 95/2007 with the rules of separation of powers in the state, independence of the judiciary and the status of the judge, and also to initiate the legal procedure for resolving the conflict, by notifying the Constitutional Court of Romania. ”

· On October 8, 2007, SoJust submitted to the President of the Superior Council of Magistracy, Judge Anton Pandrea, an open letter requesting the referral to the Constitutional Court in order to resolve the legal conflict of a constitutional nature with the Romanian Government and Parliament. The letter pointed out the seriousness of the situation created by the systematic and prolonged disregard of the SCM’s powers to endorse normative acts regarding the judiciary and considered that the programmed ignorance of the SCM’s consultative role in the legislative process by the Government and Parliament constitutes a serious abuse and irreparable damage. the content of the legislation related to the judicial system.