ALCATES – CCR breaks Dragnea's plans: five new HCCJ judges are legal – Sources of information

The Constitutional Court publicly justifies the decision establishing a conflict of constitutional law between the Parliament and the High Court of Cassation and Justice, the HCCJ having not legally established the composition of the five judges. The reasoning also relates to the new dispute which led to the decision of the Bucharest Court of Appeal, which also suspended the new remuneration established after the decision of the RCC.

See HERE HERE for CCR! (.PDF)

Thus, the CCN unequivocally explains that the HCCJ must designate all five members, not just the unnamed member (president), by random draw. This is precisely the interpretation of the HCCC, which was put into practice before the publication of the RCC's motivation.

"The High Court of Cassation and Justice must immediately ensure the constitution of new judges by drawing lots of each of its five members and not just the seat of the legitimate member of all judges according to the respective sections / sections", said the CCR.

With regard to the future components of the criminal fines, the CCR states that they must be established between all the judges responsible for the respective sections. Until now, the College of Governance of the HCCJ has established that one – year judges can not participate in the draw for the following year.

"The second category of business is represented by future cases, for which the High Court of Cassation and Justice must also ensure the complete composition of completions.This must be done, with regard to the final penal, among all the function judges of the respective section (s), the law making no distinction in this respect.No administrative act can suppress or limit the application of the law, it must be interpreted and applied in full compliance with its normative content, no doubt as to the objective of independence / impartiality of these complements and in order not to alter the image and the credibility of the Supreme Court, the organization of the drawing must be in its together neutral, public, transparent, so as to prevent and suppress all suspicions that are correct conduct of the proceedings, "state constitutional judges.