LAW 124 of 13 July 2000*
on the Structure of the Constitutional Court Personnel

Article 1 – The Constitutional Court personnel shall consist of: the body of assistant-magistrates, the specialised auxiliary staff, the economic, administrative, and support staff.

Article 2. – (1) The body of assistant-magistrates shall carry out their activity under the direction of the President of the Constitutional Court and shall be composed of:

a) a first-assistant-magistrate;

b) three assistant-magistrates-in-chief, of whom one shall be the director of the Office of the President of the Constitutional Court;

c) eighteen assistant-magistrates who may be organised in sections, in accordance with the Rules on the Organisation and Functioning of the Constitutional Court.

(2) A person may be appointed assistant-magistrate if he/she meets the requirements provided at paragraph (1) sub-paragraphs a) through e), and paragraph (2) under Article 46 of the Law no. 92/1992 on judicial organisation, republished, as subsequently modified and supplemented.

(3) In order to be appointed as first-assistant-magistrate or assistant-magistrate-in-chief, one must comply, as the case may be, with the seniority terms provided under Articles 37 and 38 of the Law of the Supreme Court of Justice no. 56/1993, republished, as subsequently modified and supplemented, or hold the title of Doctor in Law (L.L.D.).

(4) In order to be appointed as assistant-magistrate, it is necessary to have at least six-year seniority in Magistracy or at least four-year seniority in Magistracy as a judge or prosecutor, or to hold the title of Doctor in Law (L.L.D.).

(5) The person who does not meet the requirements provided under paragraph (4) may be appointed as a junior assistant-magistrate, within the limit of posts for assistant-magistrates provided under paragraph (1) sub-paragraph c). A junior assistant-magistrate shall belong to the body of assistant-magistrates.

(6) The President of the Constitutional Court shall appoint the members of the body of assistant-magistrates on the basis of open competition or examination. The Examination Commission shall be appointed by the President of the Constitutional Court and shall be composed of five Judges of the Court, in case of the first-assistant-magistrate and assistant-magistrates-in-chief, or of three Judges of the Court, in other cases. The results of the contest or examination shall be validated by the Plenum of the Constitutional Court.

(7) The director of the Office of the President of the Constitutional Court shall be appointed by the President of the Constitutional Court for the entire duration of his term of office. Upon proposal of the President of the Constitutional Court, the Plenary Court may approve that one who is in the hypothesis provided at paragraph (5) is appointed as assistant-magistrate-in-chief, to discharge functions as a director of the President’s Office.

(8) The first-assistant-magistrate, assistant-magistrates-in-chief, and assistant-magistrates shall belong to the Body of Magistrates, as defined under Title IV of the Law no. 92/1992, republished, as subsequently modified and supplemented. These ones shall be equal, in rank and salaries, to the magistrates of the Supreme Court of Justice who are holding similar positions, and enjoy their rights accordingly.

(9) The junior assistant-magistrates shall be equal, in rank and salaries, to junior judges from the courts of law. The period of probation shall be of two years. For graduates of the National Institute of Magistracy, as well as for the director of the Office of the President of the Constitutional Court, appointed under the conditions provided under paragraph (7), second thesis, the period of probation shall be of one year. At the end of the period of probation, a junior assistant-magistrate who passed the capacity examination shall become an assistant-magistrate. The capacity examination shall be carried out in accordance with the Rules approved by the Plenum of the Constitutional Court.

(10) The first-assistant-magistrate, assistant-magistrates-in-chief, assistant-magistrates, and junior assistant-magistrates shall fulfil, as the case may be, the duties provided by the Rules on the organisation and functioning of the Constitutional Court.

(11) All members of the body of assistant-magistrates shall be bound by the obligations provided under Article 40 sub-paragraphs b), and d) through f) of the Law no. 47/1992 on the organisation and functioning of the Constitutional Court, republished, which apply accordingly.

Article 3 – (1) The specialised auxiliary staff and the economic, administrative and support staff shall belong to the General Secretariat of the Constitutional Court which is headed by a Secretary General who equals, in rank and salaries, to the Secretaries General of the Chambers of Parliament and to the Secretary General of the Government. The Secretary General shall be appointed and released from office by the Plenum of the Constitutional Court from among jurists who meet the conditions under Article 2 paragraphs (2) and (4).

(2) The organisational structure of the General Secretariat of the Constitutional Court, the classification of posts as well as the staff’s duties shall be approved by the Plenum of the Constitutional Court.

(3) The Secretary General shall carry out his/her activity under the direction of the President of the Constitutional Court. The Secretary General shall ensure the preparation, organisation and co-ordination of activities within the General Secretariat whose attributes are established by the Rules on the organisation and functioning of the Constitutional Court. The Secretary General shall be authorised to order payments from budgetary funds, as provided by Article 11 paragraph (2) of the Law no. 47/1992, republished.

Article 4. – The specialised auxiliary staff, consisting of the employees from the office of the clerk, registry and archives within the Constitutional Court shall be equal, in rank and salaries, to the specialised auxiliary staff of the Supreme Court of Justice, and enjoy their rights accordingly.

Article 5 – (1) The economic, administrative and support staff shall be equal, in rank and salaries, to the corresponding positions in the Parliament staff, and enjoy their rights accordingly.

(2) The specialised legal staff who carries out activities of research or documentation, or protocol, or in the area of the Constitutional Court international relations, or in the area of human resources shall be equal, in rank and salaries, to the assistant-magistrates or, as the case may be, to the junior assistant-magistrates, and enjoy their rights accordingly.

Article 6 – (1) Within thirty days from the date of coming into force of this Law, the Plenum of the Constitutional Court shall establish the terms of equivalence for the positions provided under Article 5 paragraph (2) as regards the currently employed specialised legal staff.

(2) The provisions under Articles 47 and 48 of the Law no. 47/1992, republished, as well as any contrary provisions, shall be repealed on the date this law has entered into force.

* This Law was published in the Official Gazette of Romania, Part I, no.331 of 17 July, 2000.