The Contest For Promoting The Counselors Assimilated To The Judges

The contest for promoting the counselors assimilated to the judges and prosecutors from the Ministry of Justice

September 14, 2007 2:14 PM
SoJust signals the situation that appeared as a result of the SCM’s finding of the illegality of the Order of the Minister of Justice no. 663 / C / 8 March2007, in regarding the organization by the MoJ of the contest for the promotion of the legal advisers from the MoJ assimilated to judges and prosecutors.
In the meeting of September 13, 2007, the Plenum of the SCM, following a notification from SoJust, decided that the provision of the Order of the Minister of Justice no. 663 / C / 2007 , (art. 2), approving the Regulation on the organization and conduct of the examination for the promotion of legal personnel, with executive positions, assimilated to judges and prosecutors, from the Ministry of Justice, according to which the Directorate for Human Resources and relations with the Superior Council of Magistracy within the Ministry of Justice organizes annually, or whenever necessary, an examination for the promotion of assimilated legal personnel, is outside the law.

The Superior Council of Magistracy approved the Note of the Legislation, Documentation and Litigation Directorate no. 1141 / L / 2007, regarding the notification addressed to the Superior Council of Magistracy by the “Society for Justice”.

On April 27, 2007 , in a press release , SoJust publicly signaled the existence of a competition to promote legal counsel from the Ministry of Justice assimilated to judges and prosecutors, in connection with which there were strong suspicions of illegality .

In order to eliminate any prejudice to the independence of the judiciary and any interference with its activities, SoJust requested the following:

– the Minister of Justice, Mr. Tudor Chiuariu , to verify the compatibility between the Regulation approved by order 663 / C / 2007 by the Ministry of Justice and Law no. 303/2004, republished, with the subsequent modifications regarding the promotion exam carried out in that periodat the Ministry of Justiceand to prove that, in fact, there is no “power vacuum” at the helm of the Ministry of Justice. As this is an administrative act that entered the civil circuit and produced legal effects, the Minister of Justice was asked either to assume it publicly or to delimit himself from it and to ask the court to establish its nullity ;

– the Minister of Justice and the Superior Council of Magistracy to re-evaluate the need to maintain the institution of “legal advisers assimilated to judges and prosecutors” in accordance with the constitutional provisions.

In the absence of any reaction from the authorities, SoJust notified on July 3, 2007 the Superior Council of Magistracy requesting to find out the organization outside the law of the exam for passing the legal advisers from the Ministry of Justice assimilated to judges and prosecutors. On the same date, July 3, 2007 , SoJust formulatedat the Ministry Justice preliminary complaint pursuant to art. 1 para. 1, art. 2 para. 1 lit. a) thesis II, letter r), letter p) letter i) and letter k) of the Law on administrative litigation no. 554/2004 with the subsequent amendments and completions, by which it requested therevocationby the Minister of Justice of order no. 663 / C / 2007, as well as thesuspension of its execution,respectively the non-validation of the contest, until its revocation. Although the legal term for solving the preliminary complaint is according to the law of 30 days from the registration (no. 80449 / 3.07.2007), no answer was received to it.

At the moment, the contest for the promotion of the legal advisers from the MoJ assimilated to judges and prosecutors is finalized, against all the public requests of SoJust, continuing according to the initially established calendar.

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