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October 3, 2022

Senate adopts bill on structure of CSM. Law no.317/2004 to reach President Iohannis unmodified

The Senate adopted the initial form of the bill amending law no.317/2004 on the structure of the Supreme Magistracy Council (CSM), thus rejecting President Klaus Iohannis’s re-examination request. The bill confers upon the CSM prerogatives in the appointment and dismissal of the leadership of the High Court (ICCJ), removing the Head of State from the procedure.

The Senate adopted the bill in the form sent to promulgation on March 30, in an 83-32 vote, the 32 votes ‘against’ being cast by PNL and USR Senators.

Consequently, law no.317/2004 will reach President Klaus Iohannis for promulgation in this form.

On June 26, the House also rejected the Head of State’s request to re-examine the bill on the structure and functioning of the CSM.

President Klaus Iohannis’s request on the re-examination of the bill amending and supplementing law no.317/2004 on the Supreme Magistracy Council was rejected by the House with 172 votes against, 108 in favour, and 6 abstentions.

“The Supreme Magistracy Council’s sections have the following prerogatives regarding the careers of judges and prosecutors: they appoint and dismiss from office the president, vice presidents and section presidents of the High Court of Cassation and Justice,” reads the adopted form.

President Klaus Iohannis had sent back to Parliament, for re-examination, the bill amending and supplementing law no.317/2004 on the Supreme Magistracy Council, but the House Judiciary Committee adopted on Monday a report in favour of the initial form of the bill.

“The law amending and supplementing law no.317/2004 on the Supreme Magistracy Council concerns substantial legislative interventions liable to affect the functioning and constitutional role of the Supreme Magistracy Council, as guarantor of the independence of the judiciary, the exercise of the mandates of the members of this public authority, as well as the functioning of the Judicial Inspection. At the same time, the law sent to promulgation contains contradictory norms, references to directives that do not exist in law no.317/2004, unclear and/or uncorrelated directives, and even legislative parallelisms, this being the reason its re-examination by Parliament is called for,” reads the request that President Klaus Iohannis had sent Parliament.

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