At the beginning of the meeting, Nina Cernat explained the position of the members of the CSM vis-à-vis the discussions in society and the doubts regarding the legitimacy of the CSM. “The rationale of the Council’s activity in limited composition is a favorable one not for the members of the Council, but for the judicial system, in the activity of which all kinds of organizational issues constantly arise, the resolution of which does not suffer postponement and which belongs to the exclusive competence of the Superior Council of the Magistracy”, said the interim president of the CSM, Nina Cernat.
One of the topics on the agenda was the Referral to the Constitutional Court regarding the control of the constitutionality of the provisions of art. 15 and art. 9 of Law no. 947/1996 regarding the Superior Council of the Magistracy. In other words, the members of the CSM decided to refer the Constitutional Court regarding the control of the constitutionality of the provisions of Article 9 – regarding the 4-year term of office of the members of the CMS and the fact that they cannot be elected for two consecutive terms, and the opinions of Article 15 which stipulates that the CSM meeting is deliberative if at least two thirds of the Council members participate in it. The Council’s decision to refer the CC was voted by only three of the four members present. Ion Guzun voted against.
Regarding the Action Plan of the Superior Council of Magistracy for the year 2023, it was voted unanimously.
During the meeting, it was also approved to carry out an opinion poll among judges, prosecutors and lawyers, regarding judicial reform and the fight against corruption.
We specify that this was the first plenary session of the Superior Council of the Magistracy, after the institution’s activity was unblocked, once the three SCM members were appointed by the Parliament.
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