The suspensive effect of enforcement of the appeal filed against the decisions of the Plenum of the Superior Council of Magistracy regarding career and rights of judges and prosecutors Cover Image
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Efectul suspensiv de executare al contestației formulate împotriva hotărârilor Plenului Consiliului Superior al Magistraturii privind cariera și drepturile judecătorilor și procurorilor
The suspensive effect of enforcement of the appeal filed against the decisions of the Plenum of the Superior Council of Magistracy regarding career and rights of judges and prosecutors

Author(s): Laura Cristina Carcia
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: decision of the Plenum; career and rights of judges and prosecutors; appeal; concerned person; suspensive effect; suspension by law; legal suspension; provisions likely to be enforced;

Summary/Abstract: This publicist endeavour proposes to call into question certain theoretical and practical issues regarding the suspensive effect of enforcement of the appeal filed by the concerned party against the decisions of the Plenum of the Superior Council of Magistracy on the career and rights of judges. Thus, the suspensive effect of enforcement is produced if only the challenged decision of the Plenum includes certain provisions likely to be enforced and, in principle, this effect may concern only the appellant, however, without effecting the legal situation of other magistrates affected by the respective decision. At the same time, the suspensive effect of enforcement is not produced if the decision of the Plenum regarding the career and rights of judges and prosecutors was enforced prior to filing the appeal by the concerned person.

  • Issue Year: 2015
  • Issue No: 4
  • Page Range: 11-23
  • Page Count: 13
  • Language: Romanian
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