Câteva reflecții asupra modificărilor aduse Legii nr. 317/2004 privind organizarea și funcționarea Consiliului Superior al Magistraturii
Some reflections on the amendments to Law no. 317/2004 on the organization and functioning of the Superior Council of Magistracy

Summary/Abstract: The study comprises some of the most important amendments proposed to Law no. 317/2004 on the Superior Council of Magistracy. The envisaged changes are considered to be generally positive and necessary for the efficiency of Romanian justice and the consolidation of the rule of law, although they can not be considered as an end point in the reform undertaken by the legislative forum. The most significant changes to Law no. 317/2004 aims at improving the procedure of electing the members of the Superior Council of Magistracy, the transparency of the decisional act, the disciplinary procedure and the organization of the Judicial Inspection. Some interesting considerations are also expressed regarding the separation of judges and prosecutors' careers, context in which critical remarks are made on the legislator's initial tendency to reflect such separation and on the leadership of the Superior Council of Magistracy. This was also criticized by the Constitutional Court by Decision no. 61/2018, Parliament having to reconcile the solutions promoted with this decision, so that the so that the office of President of the Council can be occupied by any elected magistrate.

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