At the same time, by Decision no. 180 of March 29, 2007 [4] , the SCM Plenum decided that between May 12 and June 10, 2007, the competition for filling the vacant management positions in the judiciary will take place. As Mr. Iulian Gâlcă held the position of President of the Alba-Iulia Court of Appeal at the time of his retirement , it was expected that this position would be put up for competition. However, the list attached to the indicated decision does not include the position of president of the court of appeal.

All this , corroborated with the fact that the SCM formulated in May 2007 a proposal to amend art. 4 lit. b and d of Law no. 317/2004 on the Superior Council of Magistracy, republished, in the sense of reducing the members of the Section for judges elected by the Courts from two to one, corroborated with increasing to 4 the number of members elected from among the judges of the courts of appeal, we form the opinion of the SCM tries to maintain at all costs the current structure: the SCM does not really want the dismissal of Mr. Gâlcă and does everything possible to preserve the number of seats from the courts of appeal, denying the major representativeness of judges from the Judges .

2. On behalf of the civil society, the SCM has two representatives, elected by the Romanian Senate. One of them, the late professor Avram Filipaş, died on October 10. 2006. According to the communiqué made public on November 3, 2007 [5] , the period 1-17 dec. 2006 in order to submit applications for the position thus vacated. The procedure was not completed and was not resumed.

The lack of diligence on the part of both the SCM and the Senate led to an uncertain situation regarding the functioning and composition of the current SCM.