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The obligation to define solutions in principle for the legal composition of judicial decisions and to ensure their implementation lies with the Judicial Section of the Supreme Council of Magistracy, declared the Constitutional Court in the statement of reasons for its decision, finding a constitutional legal conflict between the Parliament and the High Court of Cassation and Justice on the issue 5.
"The High Court of Cassation and Justice must immediately ensure the establishment of the new judges by drawing by lot the drawing of lots of five members and not only the place of the member considered to be a member of law. Constitutional behavior of the High Court of Cassation and Justice through the College of Governors, which is not able to provide guarantees as to the correct restoration of the framework. , of the Superior Council of Magistracy – the Judges Section, on the basis of its constitutional and legal prerogatives (…), the obligation to identify solutions at the level of principle regarding the legal composition of judges and to ensure their implementation, "the statement said.
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.
"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 the complements.This must be done, with regard to the final penal, between all the function judges of the section (s) concerned, the law making no distinction in this respect, no administrative act can suppress or limit the action of the law,
interpreted and applied in full compliance with its normative content. At the same time, to avoid any doubt as to the objective / impartial independence of these complements and not to alter the image and credibility of the Supreme Court, the organization of the drawing must be totally neutral, public and transparent. in order to prevent and dispel any suspicion as to the proper conduct of the proceedings, "say the constitutional judges.
The Court also states that the decision is applicable from the date of its publication.
"In criminal and extra-punitive cases, the illegal formation of the panel is sanctioned by the unconditional and therefore absolute nullity of the acts performed by such a team and taking into account that its decisions are effective only for The future, According to Article 147 (4) of the Constitution, the Court notes that this Decision shall apply from the date of publication of this Decision, both in cases pending , that in the current cases and the cases that have been finalized, to the extent that the judges are still in the period of exercise of the appropriate extraordinary remedies, as well as in the future situations ", indicated the RCC.
On 7 November, the Constitutional Court informed Prime Minister Viorica Dăncilă of a constitutional legal dispute between the Parliament and the High Court of Cassation and Justice on the issue of panels of five judges. The decision was taken by majority vote.
The 2012 referendum dossier, Liviu Dragnea, president of the PSD, was finally sentenced to a suspended prison sentence. He challenged this conviction but his appeal was rejected last year. Two other defendants requested a review of the sentence, but these appeals were also dismissed.
At present, the High Court is considering the fictitious job record in Teleorman, where Liviu Dragnea was sentenced for the first time to imprisonment with execution. The process will resume as a result of the composition of the new panel of judges.
tags:
CCR
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the constitutional court
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liviu Dragnea
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5 judges
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