CUTREMUR in court: CCR says HCCJ must again appoint 5 Jury Judges – News from sources

The Constitutional Court issued the reasoning of the decision finding a constitutional constitutional conflict between the Parliament and the High Court of Cassation and Justice, the CJCJ not legally establishing the composition of the five judges. In the document, the constitutional judges explain and how the five judges of the new judges must be established, and the conclusion is dark for HCCJ: nor the new plots, drawn on November 8, 2018, were determined in accordance with the decision of the JRC.

See HERE HERE for CCR! (.PDF)

"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 only the seat of the legitimate member of all the judges according to the respective sections / sections. having regard to the constitutional behavior of the High Court of Cassation and Justice of the Governing Council, which is not able to provide guarantees as to the correct restoration of the legal framework governing the functioning of the 5 judges;and, the Superior Council of Magistracy – Judges' Section, on the basis of its constitutional and legal prerogatives [art.133 alin.(1) şi art.134 alin.(4) din Constituţie, precum şi art.1 alin.(1) din Legea nr.317/2004 privind Consiliul Superior al Magistraturii], the obligation to identify solutions at the level of principle regarding the legal composition of court decisions and to ensure their implementation", says RCC.

"No administrative act can suppress or limit the operation of the law, and it must be interpreted and applied in full respect of its normative content. At the same time, in order to avoid any doubt about the law. objective independence / impartiality of these laws so as not to undermine the image and credibility of the Supreme Court, the organization of the draw must be, in its entirety, neutral, public, transparent, so as to prevent and dispel any suspicion as to the proper conduct of the procedure ", also said the RCC judges in their motives.

The JRC judges denounced the "behavior" of the HCCJ and the institution's board of directors, claiming that it could no longer offer the guarantee of restoring the legal framework. Thus, the responsibility for overseeing the selection of new additions rests with the Judges Branch of the CMS. This is also reinforced in the following point, where it is stated that the lottery must be neutral, that is, it can not be under the responsibility of the persons involved in the conflict. The direct consequence is the cancellation of the draws of November 8th.

Legal sources told STIRIPESURSE.RO that after the decision that led to the conflict between the Parliament and the HCCJ, the constitutional judges had discovered the "superficial manner" by which the HCCJ leadership had decided to resume the lottery. . For the avoidance of doubt, it was decided to add in the motivation the provisions relating to the SMC Judges Section. Thus, according to the procedure of art. 32 of Law 304/2004, the HCCJ will have to organize a new lottery in which will also participate representatives of the SCM.

The use of a procedure may take several weeks, so that the proceedings will be taken by the 5 presidents of the judges of the HCCJ only next year. The Judges Branch of the MSC must meet to determine exactly how the RCC decision will be implemented, after which the new random draw will be held. In the meantime, in the light of the CCR's decision, the Bucharest Court of Appeal will annul the decision of the HCCJ Board of Governors of 8 November, by which other judges were appointed by drawing at fate. For the moment, the decision is suspended following the decision of Judge Alina Ghica at the Bucharest Court of Appeal.