The Superior Council of the Magistracy (CSM) pointed out on Tuesday that the Constitutional Court of Romania’s (CCR) decision on the Supreme Court’s five-judge panels applies only to these panels, not also to the other panels at the High Court of Cassation and Justice (ICCJ) or to the panels of other courts. The panels of judges – other than the five-judge panels – are not formed via draws.
“Constitutional Court Decision no.685/2018, which notes the existence of a juridical conflict of a constitutional nature between Parliament on one hand and the High Court of Cassation and Justice on the other, concerns exclusively the situation of the Supreme Court’s five-judge panels. Consequently, the Plenum of the Superior Council of the Magistracy points out that the Court’s decision has incidence only in what concerns these panels, not the other collegial panels set up at the High Court of Cassation and Justice or at the other courts, which were not the object of the Constitutional Court’s analysis,” the CSM points out in a press release.
According to the Council, in these conditions, the forming of the panels of judges – other than five-judge panels – at the High Court of Cassation and Justice and at the other courts is regulated by other legal provisions from Law no.304/2004 on judiciary organisation, which do not stipulate that the members of the panels are selected via draws.
The clarifications come after public statements were made according to which the CCR decision allegedly applies to all the other panels of judges as well.
The Constitutional Court of Romania announced on November 7 that the High Court of Cassation and Justice must immediately replace, via draws, all the members of its five-judge panels, as a result of the fact that it noted the existence of a juridical conflict of a constitutional nature between Parliament and the ICCJ.