Judicial Authority

ARTICLE 124 - Administration of justice (1) Justice shall be rendered in the name of the law. (2) Justice shall be one, impartial, and equal for all. (3) Judges shall be independent and subject only to the law.

ARTICLE 125 - Statute of judges (1) The judges appointed by the President of Romania shall be irremovable, according to the law. (2) The appointment proposals, as well as the promotion, transfer of, and sanctions against judges shall only be within the competence of the Superior Council of Magistracy, under the terms of its organic law. (3) The office of a judge shall be incompatible with any other public or private office, except for academic activities.

ARTICLE 126 - Courts of law (1) Justice shall be administered by the High Court of Cassation and Justice, and the other courts of law set up by the law. Publicity of debates Use of mother tongue and interpreter in court Use of appeal Police in the courts (2) The jurisdiction of the courts of law and the judging procedure shall only be stipulated by law. (3) The High Court of Cassation and Justice shall provide a unitary interpretation and implementation of the law by the other courts of law, according to its competence. (4) The composition of the High Court of Cassation and Justice, and the regulation for its functioning shall be set up in an organic law. (5) It is prohibited to establish extraordinary courts of law. By means of an organic law, courts of law specialized in certain matters may be set up, allowing the participation, as the case may be, of persons outside the magistracy. (6) The judicial control of administrative acts of the public authorities, by way of the contentious business falling within the competence of administrative courts, is guaranteed, except for those regarding relations with the Parliament, as well as the military command acts. The administrative courts, judging contentious business have jurisdiction to solve the applications filed by persons aggrieved by statutory orders or, as the case may be, by provisions in statutory orders declared unconstitutional.

ARTICLE 127 - Publicity of debates Proceedings shall be public, except for the cases provided by law.

ARTICLE 128 - Use of mother tongue and interpreter in court (1) The legal procedure shall be conducted in Romanian. (2) Romanian citizens belonging to national minorities have the right to express themselves in their mother tongue before the courts of law, under the terms of the organic law. (3) The ways for exercising the right stipulated under paragraph (2), including the use of interpreters or translations, shall be stipulated so as not to hinder the proper administration of justice and not to involve additional expenses to those interested. (4) Foreign citizens and stateless persons who do not understand or do not speak the Romanian language shall be entitled to take cognizance of all the file papers and proceedings, to speak in court and draw conclusions, by means of an interpreter; in criminal law suits, this right is ensured free of charge.

ARTICLE 129 - Use of appeal Against decisions of the court, the parties concerned and the Public Ministry may exercise ways of appeal, in accordance with the law.

ARTICLE 130 - Police in the courts Courts of law shall have police forces at their disposal.

SECTION 2 - The Public Ministry

ARTICLE 131 - Role of Public Ministry (1) Within the judicial activity, the Public Ministry shall represent the general interests of the society, and defend legal order, as well as the citizens' rights and freedoms. (2) The Public Ministry shall discharge its powers through public prosecutors, constituted into public prosecutor's offices, in accordance with the law. (3) The public prosecutor's offices attached to courts of law shall direct and supervise the criminal investigation activity of the police, according to the law.

ARTICLE 132 - Statute of Public Prosecutors (1) Public prosecutors shall carry out their activity in accordance with the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice. (2) The office of public prosecutor is incompatible with any other public or private office, except for academic activities.

SECTION 3 - Superior Council of Magistracy

ARTICLE 133 - Role and structure (1) The Superior Council of Magistracy shall guarantee the independence of justice. (2) The Superior Council of Magistracy shall consist of 19 members, of whom: a) 14 are elected in the general meetings of the magistrates, and validated by the Senate; they shall belong to two sections, one for judges and one for public prosecutors; the former section consists of 9 judges, and the latter of 5 public prosecutors; b) 2 representatives of the civil society, specialists in law, who enjoy a good professional and moral reputation, elected by the Senate; these shall only participate in plenary proceedings; c) the Minister of Justice, the president of the High Court of Cassation and Justice, and the general public prosecutor of the Public Prosecutor's Office attached to the High Court of Cassation and Justice. (3) The president of the Superior Council of Magistracy shall be elected for one year's term of office, which cannot be renewed, from among the magistrates listed under paragraph (2) a). (4) The length of the term of office of the Superior Council of Magistracy members shall be 6 years. (5) The Superior Council of Magistracy shall make decisions by secret vote. (6) The President of Romania shall preside over the proceedings of the Superior Council of Magistracy he takes part in. (7) Decisions by the Superior Council of Magistracy shall be final and irrevocable, except for those stipulated under article 144 (2).

ARTICLE 134 - Powers (1) The Superior Council of Magistracy shall propose to the President of Romania the appointment of judges and public prosecutors, except for the trainees, according to the law. (2) The Superior Council of Magistracy shall perform the role of a court of law, by means of its sections, as regards the disciplinary liability of judges and public prosecutors, based on the procedures set up by its organic law. In such cases, the Minister of Justice, the president of the High Court of Cassation and Justice, and the general Public Prosecutor of the Public Prosecutor's Office attached to the High Court of Cassation and Justice shall not be entitled to vote. (3) Decisions by the Superior Council of Magistracy as regards discipline may be contested before the High Court of Cassation and Justice. (4) The Superior Council of Magistracy shall also perform other duties stipulated by its organic law, in order to accomplish its role of guarantor for the independence of justice.