The situation of vacancies in the SCM
05 June 2007 02:06
(Download SoJust’s comment on the situation of vacancies in the SCM, .doc format)
SoJust paid attention to the way in which the Superior Council of Magistracy and the Romanian Senate agreed to apply the provisions regarding the occupation of membership positions.
1 . In the hearing of 15.03.2007, Judge Iulian Gâlcă, representative of the courts of appeal within the SCM, requested his dismissal as a result of his retirement . Although the request did not appear on the agenda  nor did it follow the usual administrative circuit, the SCM Plenum took note of the request and decided to submit to the President of Romania the proposal to release from the position of judge, by retirement , Mr. Iulian Gîlcă . According to the provisions of art. 13 para. 5 and 7 of the Regulation on the organization and functioning of the SCM, with subsequent amendments and completions , the decision in questionit should have been drafted within a maximum of 20 days from the pronouncement and published in the Official Gazette of the SCM and on its website, within 10 days from the drafting. However, since the decision pronounced in paper no. 447/1154/2007  was not published within the term provided by the Regulation on the organization and functioning of the SCM and is not accessible even today on the web page www.csm-just.ro , pursuant to art. 6 of Law no. 544/2001 regarding the free access to information of public interest, SoJust requested clarifications regarding the stage of solving this request.
( SoJust request for information of public interest based on Law 544/2001 )
It was answered by address no. 258 / BIPRM / 23.05.2007, signed by the spokesperson of the SCM, showing that there is currently the possibility of not ensuring the quorum necessary for the proper functioning of the institution, amid the failure to appoint the civil society representative by the Romanian Senate for the vacant position due to the death of Professor Avram Filipaş, corroborated with the fact that, from the beginning of the year until March 15, 2007, some full members were not present at all 12 sessions of the SCM Plenum, there being the possibility the reason for participating in various actions.In addition, it was seen that Judge Iulian Gîlcă is the coordinator of working group no. 2, established within the SCM, which aims to unify the judicial practice of courts, and is part of the working group established at the Ministry of Justice to develop the new Code of Civil Procedure, its presence being imperative, given the importance of activities Ongoing.
( SCM’s response to the request regarding the retirement situation of Judge Iulian Galca )