Discuţii asupra constituţionalităţii art. 55 alin. 1 şi 2 din Legea nr. 304/2004
The provisions of the Article 55(1) and (2) of the Law No. 304/2004 concerning the organisation of judiciary, republished, run counter to the Constitutional framework of Article 21(3) and also to the more favourable provisions of the Article 6(1) of the European Convention on Human Rights, directly applicable according to Articles 11 and 20(2) of the Constitution of Romania as far as they are construed as the mandatory opinion expressed by the judiciary assistants may not be debated by the litigants as the Court has not reached a decision.
The same provisions run counter the Constitutional framework of Articles 1(4) and 124(3) and also to more favourable provisions of the Article 6(1) of the European Convention on Human Rights, as far as they are construes as the judiciary assistants may take part in the deliberations, having a secret nature deemed to guarantee the independence and impartiality of the judges, and that those are obliged to sign the judgments.
The Evolution of the Judicial System in Romania
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THE EVOLUTION OF THE JUDICIAL SYSTEM IN ROMANIA DURING THE PAST 60 YEARS
Horaţius Dumbravă, Dragoş Călin,
Judge, Court of Appeal Mures Judge, Court of Appeal Bucharest
The reform of the judicial system is very difficult taking into account the judges from the communist period are mentained, whose vision of the rule of law [...]
Detaşarea judecătorilor şi procurorilor la alte autorităţi publice decât instanţele sau la instituţii publice
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DETAŞAREA JUDECĂTORILOR ŞI PROCURORILOR
LA ALTE AUTORITĂŢI PUBLICE DECÂT INSTANŢELE SAU LA INSTITUŢII PUBLICE
judecător Horaţius Dumbravă, judecător Dragoş Călin,
Curtea de Apel Târgu Mureş Curtea de Apel Bucureşti
The secondments of the judges and of the prosecutors to other public authorities than the Courts, or to the public institutions, in any public service, public offices as well, impair [...]
