Nelegala compunere a completului de judecată în lumina Deciziei nr. 417/2019 a Curții Constituționale a României
Illegal composition of the bench in light of the decision no. 417/2019 of the Romanian Constitutional Court

Summary/Abstract: The present article was written in consideration of a decision of the Constitutional Court of Romania,which stated that there was a constitutional conflict between the Romanian Parliament and the High Courtof Cassation and Justice, generated by the refusal of the latter to appoint specialized judges in criminal casesconcerning corruption. The conflict also revealed that neither did some of the lower courts.Therefore, our objective is to analyze the legal framework concerning the necessity for criminal corruptioncases to be tried by specialized judges, with an emphasis on the legal consequences of the breach of thisobligation.The present article was written in consideration of a decision of the Constitutional Court of Romania, which stated that there was a constitutional conflict between the Romanian Parliament and the High Court of Cassation and Justice, generated by the refusal of the latter to appoint specialized judges in criminal cases concerning corruption. The conflict also revealed that neither did some of the lower courts.Therefore, our objective is to analyze the legal framework concerning the necessity for criminal corruption cases to be tried by specialized judges, with an emphasis on the legal consequences of the breach of this obligation.

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