STANDING RULES
on the organisation and functioning of the Constitutional Court
[*]
On the grounds of the provisions under Article 76 of the
Law no.47/1992 on the organisation and functioning of the Constitutional
Court, republished in the Official Gazette of Romania, Part I, no.643
of July 16th 2004,
The Plenum of the Constitutional Court adopts the
present standing rules.
CHAPTER I
General Provisions Article 1. - The Constitutional Court is organised and functions
on the basis of Articles 142 to 147 of the Constitution of Romania,
the Law no.47/1992 and under the present Rules.
Article 2. - These Rules lay down duties and rules of procedure
specific for the activity of the Constitutional Court, the organisation
and functioning of the departments of the specialized and
administrative personnel, as well as the rules of discipline and
disciplinary answerability.
Article 3. - Any of these Rules shall be interpreted and applied
in accordance with the provisions of the Law no.47/1992, and other
statutory provisions as may be applicable to Magistrates and to the
personnel of the General Secretariat of the Constitutional Court.
CHAPTER II
The Plenum and the Presidentof the Constitutional Court Article 4. - The Plenum of the Constitutional Court shall
fulfil, beside the powers provided by the Constitution and by the
law, the following powers:
a) to adopt its own regulations and normative acts in fulfilling the
legal provisions;
b) to approve the Constitutional Court's draft budget and the
rectifications thereof, subject to the law;
c) to approve development programmes in different fields of activity,
as well as the annual list of investments;
d) to approve the organisational structure of the body of
assistant-magistrates, of the General Secretariat of the Constitutional
Court, as well as the classification of posts, according to the law;
e) to validate the results of the contests for the position of
assistant-magistrate and the results of the junior assistant-magistrates
capacity examination;
f) to establish the terms of equivalence as regards the personnel from
the Court's structure;
g) to approve the plan of international relations and the participation
to different bilateral or multilateral meetings, as well as the
representation of the Court within certain international bodies;
h) to approve the organisation by the Constitutional Court of certain
conferences, seminars and other specific manifestations, with the
participation of certain guests from the country and from abroad;
i) to establish the Court's schedule and the days of proceedings;
j) to take any necessary measure in order to apply the law and to
ensure the smooth operation of the Court.
Article 5. - The President of the Constitutional Court fulfils
the powers vested in him under the Law no.47 of 1992, as well as
the following ones:
(a) to order the communication of the references made to the Court to
the public authorities, in order for them to transmit, in the cases
provided by the law, the viewpoints, as well as any other documents
requested by the Court, according to the law, and to designate
the Judge-rapporteur;
(b) to inform the President of Romania in the situations provided
by the Constitution and by the Law no.47/1992;
c) to order, subject to the law, the publication of the Court's
acts in the Official Gazette of Romania, Part I, as well as the
communication thereof to the concerned public authorities;
d) to appoint the assistant-magistrates and to coordinate their activity;
(e) to assign the assistant-magistrates to each of the Judges of the Court;
(f) to approve the list of posts and of personnel;
(g) to authorize the delegation of powers;
(h) to conclude and terminate, subject to the law, employment under
individual labour contracts;
(i) to exercise the disciplinary authority under the terms of these Rules;
(j) to order the organisation of competitions, for the recruitment
of assistant-magistrates and of the capacity examination for the
junior assistant-magistrates;
(k) to approve the schedule of paid holidays for the Judges, the
assistant-magistrates and the Secretary General, subject to the
law, and to dispose their call-back from holidays; to approve a
leave of absence without pay, or a paid leave of absence of 3 up
to 5 days a year, for special events, according to the law;
(l) to ascertain liability for the damages caused by the Court's
employees, upon proposal by the Secretary General;
(m) to order measures on the fulfilment, by the Court's personnel,
of the duties provided by the law and by the these Rules.
CHAPTER III
Assistant-Magistrates Article 6. - (1) Within the framework of the Constitutional
Court functions the Body of Assistant-magistrates, composed of a
first-assistant-magistrate, assistant-magistrates-in-chief and
assistant-magistrates, appointed according to the law and the
present rules. The body of assistant-magistrates shall carry out
their activity under the direction of the President of the
Constitutional Court.
(2) The assignment of the assistant-magistrates on divisions shall
be made by order of the President of the Constitutional Court.
Article 7. - The first-assistant-magistrate has the following
main tasks:
a) to coordinate the activity of the assistant-magistrates and to
see that the activity is conducted in conformity with the provisions
of the Law no.47/1992 and of these Rules;
b) to submit the acts of reference to the President of the Court,
for the purpose of appointing a Judge-rapporteur and fixing the day
of proceedings, as the case may be;
c) to take measures in order to replace an assistant-magistrate,
when absent, by another one;
d) to exert the attributes devolving on an assistant-magistrate
in the cases in which is appointed as such;
e) to coordinate the activity of the assistant-magistrates related
to the drawing-up of the annual collections of jurisprudence;
f) to cooperate with the Research, Documentation and Informatics Unit
in order to systematize the constitutional jurisdictional practice,
and to confirm the accuracy of data and information about the Court's
jurisdictional activity;
g) to ensure scheduling of the paid holidays for assistant-magistrates
and of the stand-by duties, when necessary;
h) to fulfil the his/her duties under these Rules as regards the
training of the assistant-magistrates during the probation period, as well
as the organisation and coordination of the capacity examination;
i) to sign the certificates drawn up by the assistant-magistrates
designated in different cases, which are issued on the basis of the
President's resolution;
j) to draw up and sign, based on the resolution rendered by the President
of the Constitutional Court, answers to the requests formulated by the
parties in the cases on the Court's docket;
k) to make recommendations to the President of the Court, after
conferring with assistant-magistrates-in-chief, as regards the
annual and quarterly bonuses, as well as the evaluation of the
professional activity carried by the assistant-magistrates;
l) to inform the President of the Court on the deficiencies found
in the assistant-magistrates professional activity, as well as on
their misconducts;
m) to fulfil any other task established by the President of the Court.
Article 8. - (1) The assistant-magistrates-in-chief fulfil, in
the divisions they conduct, the following main tasks:
a) to coordinate the activity of the assistant-magistrates in their
division and to see that the activity is conducted in conformity with
the provisions of the Law no.47/1992 and of these Rules;
b) to exert the attributes devolving on an assistant-magistrate in the
cases in which they are appointed as such;
c) to fulfil the duties established according to the Standing Rules as
regards the training of the assistant-magistrates during the probation
period, as well as the coordination of the capacity examination;
d) to verify the drafts of the Court's documents drawn up by the
assistant-magistrates from the division before forwarding these to
the judges-rapporteur designated in the case or to the
President of the Court;
e) to verify, at random, the regularity of the summons and of other
communications ordered in the Court's files;
f) to verify the updating of jurisprudence references;
g) in the case of the absence of the first assistant-magistrate,
they shall take on this one's attributes as well, as may be authorised
by order of the President;
h) to fulfil any other task established by the President of the Court.
(2) The assistant-magistrate-in-chief - director of the Office of the
President of the Constitutional Court shall fulfil the tasks written
down in the list of post duties.
Article 9. - The assistant-magistrates have the following principal
tasks in connection with the preparation of proceedings and the drafting
of acts to be issued by the Constitutional Court:
a) to take over jurisdictional files in which the designated rapporteur
is the Judge to whom they have been assigned, to prepare the draft of
summons and the correspondence related to the settlement of that case;
b) to ensure that the Judge-rapporteur gets documented materials over
relevant solutions to be found in the jurisprudence and doctrine from
Romania or elsewhere, in connection with the cases in which that one
participates, as well as for preparing the report;
c) to verify the legality of summoning and communication procedures
undertaken in the files in whose settlement they participate;
d) to draw-up the drafts for decisions, rulings, and advisory opinions,
under the direction of the Judge-rapporteur;
e) to track down the accurate publication, in the Official Gazette of
Romania, of decisions they have prepared, and to duly inform the
President of the Court if any errors have been spotted out;
f) to draw up the jurisprudence précis in accordance with the model
established by the Plenum;
g) to fulfil any other tasks as may be disposed by the Judge to
whom they have been assigned;
h) to carry out the stand-by officer's duties.
Article 10. -The tasks of legal counsel of the Constitutional Court
shall be exercised by the assistant-magistrate appointed by order of
the President of the Court.
CHAPTER IV
The Operation of the Court Section 1
The Court's Registers Article 11. - The Registers of the Constitutional Court
shall be as follows:
a) a register for the entry/exit of correspondence, in which all acts
of reference, applications and other deeds related to the Court's
jurisdictional activity, as well as all letters, petitions, and
communications of an administrative character are consecutively recorded;
b) registers of files, in which all acts of reference to the Court are
recorded, in the order of entry; the registration number of each act of
reference shall make up that respective file number, to which is added
one of the letters indicating the specific category of attributes
from among those listed under Article 146 of the Constitution. The same
registration number shall be affixed to any application subsequently
filed in, or to any communication from the Court in connection with
that particular case;
c) an alphabetical log, with entries of the name of entity or person
that has made the reference and of the file number; if reference has
been made by a group of Deputies or Senators, or by a group of persons,
only the name of the first name shall be entered in the alphabetical log;
d) an information register which contains, for each and every file,
mentions about: first day of proceedings, and the following ones;
date of file extraction from the archives and name of the person to
whom it was handed over; date of file re-entry into the archives;
number and date of a decision, ruling, or advisory opinion, and its
summarized solution;
e) an archives' register of deadlines, which enters files arranged
per days of proceedings set therein;
f) a register of adjudication sessions, which enters all the files
scheduled for an individual session, in the order in which such were
placed on the roll, including the solution as well as the name of
the Judges and of the assistant-magistrate;
g) registers for the inventory of the Court's acts in progress of
redaction, in which all decisions and rulings pronounced, or advisory
opinions issued are consecutively and singly entered, in accordance
with the distinction made under Article 11 paragraph (1) of
the Law no. 47 of 1992; the date of redaction shall be deemed the
date when the transcript of a decision, ruling, or advisory opinion
has been laid into the folder.
Article 12. - At the end of each year, after making the last
entries in each of the registers, a final report shall be drawn up to
be signed by the secretary general and the first-assistant-magistrate,
thereafter duly sealed. Further entries shall be made in the same
registers, but with fresh numeration, as the case may be.
Article 13. - At the secretary general suggestion and upon the
first-assistant-magistrate's advisory opinion, the President of the
Court may also approve other registers than those provided under
Article 11, if such are necessary for the activity of the Court.
Article 14. - The model of registers used by the Court shall be
approved by the Plenum.
Article 15. - (1) Envelopes bearing the mention “confidential”
shall be recorded with this only mention, and shall be handed over to
the addressee, without being opened.
(2) Any correspondence which is classified secret, shall be directly
taken to the President of the Court, in closed envelope, and shall be
recorded in a special register, according to the law.
Section 2
Activities Preceding the Court Proceedings Article 16. - (1) Acts of reference to the Court shall be those
established by law, whether delivered by mail or courier. Such shall
be filed in at the Registrar's, where - on that same day - receive a
fixed date, after which are forwarded by agency of the
first-assistant-magistrate, to the President of the Court, with
the envelopes attached.
(2) All other applications and acts of any kind whatsoever, including
correspondence with an administrative character, delivered by mail or
courier, or handed in personally, as well as those sent by cable or fax,
shall be registered, then submitted to the President or to the
Secretary General, as the case may be, together with the envelopes
in which they have been sent.
(3) When the Court refers a case to itself, ex officio, on the
constitutionality of initiatives of revision of the Constitution,
the act that initiates jurisdictional proceedings shall be the
interlocutory order by which the Plenum has accordingly decided.
(4) The proofs for communication of procedural acts shall be directly
received at the Court's archives, under signature, thereafter attached
to the file, with appropriate mention made by the archivist-registrar
on the draft of summons.
Article 17. - (1) Upon receiving the act of reference, the
President of the Court appoints the Judge-rapporteur, who draws-up a
written report on the viewpoints and information requested, on the
jurisprudence and doctrine from Romania and elsewhere, as well as on
any other elements necessary for the proceedings.
(2) If the reference act concerns the Court's attributes falling under
Article 146 subparagraph (d) of the Constitution, the Judge-rapporteur
shall verify whether requirements provided by Article 29 paragraph (4)
of Law no.47 of 1992 have been met with and, if necessary, request
additional pieces to complete the reference act, also setting a deadline
for getting a reply from the court of law. If the Judge-rapporteur or,
at a later point, the Plenum so deems necessary, that court shall be
requested to send the file of the case in which the objection of
unconstitutionality was raised.
(3) The assistant-magistrate shall prepare, on the basis of instructions
from the Judge-rapporteur, any necessary communications in order to
obtain the viewpoints provided by Article 30 paragraph (1)
of Law no.47 of 1992.
(4) In the cases provided under Article 146, paragraph (a), first thesis,
paragraphs (b), (c), (d) and (k) of the Constitution, the term for
filing in the report is, as a rule, no longer than 60 days from the date
of registration of the reference act.
(5) In the other cases [Article 146 paragraph (a) second thesis and
paragraphs (e) to (j) of the Constitution, republished], the term for
filing in the report is established according to the terms provided by
the law or by applying, as the case may be, the provisions under
Article 49 of these Rules.
(6) Once the measures mentioned under paragraph (1) have been taken,
the acts of reference shall be returned by the first-assistant-magistrate,
to the Registrar's where, on that same day, receive number from the
register of files, being concurrently entered in the register provided
under Article 11 subparagraph (c) of these Rules.
(7) The assistant-magistrate assigned to the Judge-rapporteur shall
prepare proceedings.
Article 18. - (1) The President of the Court shall set the day
of proceedings, according to the law, within 30 days from the date of
filing in the report, except in the cases provided under Article 17
paragraph (5) of these Rules, when this is set in compliance with the
legal requirements of celerity.
(2) In the case of the settlement of an objection of
unconstitutionality, the day of proceedings is set on the same day in
which the report is handed.
(3) As soon as the day of proceedings has been fixed, the files shall
be entered in the registers provided by Article 11
subparagraphs d), e) and f) of these Rules.
Article 19. -(1) On the file front cover only the following
mentions shall be inscribed: name of the Court, file number, name of
referring persons, subject matter of the case, day of proceedings.
(2) Sheets within an individual file shall be sewn up and numbered;
after the final settlement of the case, the file shall be laced up
and sealed, while on the inside of its back cover, the number of
sheets shall be certified, in figures and letters, by the
office-assistant who discharges duties as an archivist-registrar.
(3) It is forbidden to take away from the Court any of the files.
(4) Files shall be made available to the parties or to their legal
representatives for examination purposes, but only in the archives room,
after identification and registration of the applicant's name and
surname, while checking the identity papers, powers of attorney or
delegations, as well as whether the file has been returned intact.
The Achieves personnel shall watch over the examination of the files.
Article 20. -(1) In the cases regarding the settlement of an
objection of unconstitutionality, the notification of the parties can
be made by summoning, as well as by other operative procedures, such
as telephone, cable, telex or fax, with due mention about the
procedure used, date and daytime of communication written down on the
draft of summons.
(2) The summons shall mention that the presence before the Court
is not compulsory.
(3) In the case of persons who have domicile or residence abroad,
summons shall be in Romanian, while decisions shall be communicated
as rendered, without any translation, directly by registered mail,
with dispatch note to confirm receipt.
Article 21. - The objection of unconstitutionality may also
be brought up directly by the Advocate of the People, under the form
of a written notification.
Article 22. -(1) The assistant-magistrate prepares the
summoning drafts, orders the issuance of procedures for summoning
before the Court and the communication of copies from the acts of
reference, tracks down the receipt of viewpoints or memorandums as
provided by law, and ensures effectuation of all pieces of work ordered
by the President or by the Judge-rapporteur, as the case may be.
(2) At the same time, the assistant-magistrate takes measures to
provide copies, for each of the Judges, of the reference act, report,
files record and, upon request, of any viewpoints received for the
settlement of a case.
(3) Once the report has been filed in, the assistant-magistrate makes
such file available for each of the Court's Judges, upon request.
(4) Mailing of correspondence shall be only official, by post,
agent or courier.
Article 23. -(1) At least forty-eight hours before the session,
the assistant-magistrate takes over files from the archives, under
signature in the register of deadlines, then:
a) prepares the roll of the cases, and orders that such is distributed
through the Clerk's office to every member of the Court Plenum and
displayed to public notice at least twenty-four hours before the day
of proceedings;
(b) verifies whether proofs of delivery or communication of the
summons and other procedural acts, and whether memorandums in defence,
viewpoints, any other acts or information requested by the President of
the Court or by the Judge-rapporteur have reached the Court and are
duly attached to the file;
(c) verifies the legality of summoning or communication procedures
attached to the file.
(2) If any procedural irregularities have been found, the
assistant-magistrate shall inform the President of the Court, in writing.
(3) Verification mentioned under paragraph (1) subparagraphs (b) and (c)
shall be conducted also before commencement of proceedings.
Article 24. -(1) Within the archives room the parties concerned or
their legal representatives have the opportunity to examine the files.
(2) Wherever the participation of the prosecutor is legally binding,
the act of reference shall be communicated together with summons.
Section 3
Activities during the Session of Proceedings Article 25. - (1) The assistant-magistrate who prepared the
proceedings shall enter courtroom before the beginning of the proceedings,
to verify compliance with the provisions under Article 53 of
Law no.47/1992 and to make sure the usher is standing at the door.
Article 26. - (1) After the President has opened proceedings,
the cases shall be called out by the assistant-magistrate, in the order
established on the roll of the session. The President, upon request by
the parties or ex officio, can order that some files be called out with
priority or left for the end of the session.
(2) For each and every case, the assistant-magistrate takes, if
necessary, the call-over of the parties, authorities or persons summoned,
then reports about the manner in which the summoning procedure of persons
or authorities to the process has been accomplished and, whether other
measures ordered by the Court have been carried through, gives a brief
account on the case subject-matter, and the stage of trial proceedings.
(3) The assistant-magistrate shall carry out, for each file, the
provisions under Article 56 of Law no.47/1992.
Article 27. - The usher shall announce entrance and exit of the
Court's Plenum, to the public in the courtroom. At the entrance and
exit of the Court's Plenum, the public shall stand.
Section 4
Activities following the Session of Proceedings Article 28. - (1) The acts of the Court shall be redacted in as
many copies as is needed in order to have them attached to the file and
into some special portfolios kept at the Court's archives and library,
communicated, in the cases provided by law, and sent for publication
to the Official Gazette of Romania, Part I.
(2) In the cases of unconstitutionality ascertained pursuit Article 31
of Law no.47/1992, the decision of the Court shall be communicated to
the two Chambers of Parliament, to the Government, as well as - for
information purposes - to the concerned public authorities.
(3) After having duly accomplished the communication procedures for a
decision, ruling, or advisory opinion, the assistant-magistrate shall
hand over the files to the archivist-registrar, under signature.
(4) A copy of each act pronounced by the Court shall also be kept in
the archives, in special portfolios containing decisions, rulings,
and advisory opinions, grouped in numerical order, per years.
Article 29. - (1) Where adjournment of the proceedings has
been ordered, the assistant-magistrate shall enter the fixed term and
reasons for adjournment in the register of sessions, and prepare,
within 48 hours, the interlocutory order of adjournment, the draft
summons for the following term, the communications, also accomplishing
any other measures as may be ordered by the Court.
(2) After preparation and signing of the interlocutory orders,
the assistant-magistrate shall hand over the adjourned files to
the archivist-registrar who shall sign for receipt on the roll of the cases.
CHAPTER V
The General Secretariat of the Constitutional Court Article 30. - (1) The General Secretariat of the Constitutional
Court is responsible of the organisation and coordination of the Court's
functional and technical activities, in connection with the manner of
discharging its attributes according to the provisions of the organic
law of the Court and of these Rules.
(2) The structure of the General Secretariat of the Constitutional
Court shall comprise the General Economic Division, other units and
compartments, according to the organisational chart approved by the
Plenum of the Constitutional Court.
(3) The organisation, operation and tasks of the compartments provided
under paragraph (2) shall be established by resolution of the
Plenum of the Court.
(4) The tasks for the personnel within the General Secretariat of the
Constitutional Court shall be detailed under each job
description/specification form.
Article 31. - (1) The General Secretariat of the Constitutional Court
is led by a Secretary General who shall fulfil the following main duties:
a) to ensure the preparation, organisation and coordination of the
Court's activities incumbent on the structures of the General Secretariat
of the Constitutional Court, for these to be carried out in accordance
with the provisions under the Law no.47 of 1992 and these Rules;
b) to inform the President of the Court, in writing, on the manner of
discharge of powers to order payments from public monies, twice a year
or whenever so requested by the President;
c) to fulfil, subject to the law, the Plenum's resolutions and the
President's orders, in connection with the attributes incumbent on him/her;
d) to lead compartments within the Constitutional Court's General
Secretariat and to take measures for the due fulfilment, as scheduled
and in appropriate manner, of any work assigned thereto;
e) to put forward and provide supported documentation for any acts
submitted for approval to the Court's Plenum or President, except
decisions, rulings, and advisory opinions provided under Article 11 of
Law no.47 of 1992;
f) to write down the solutions adopted by the Plenum in administrative
matter in a report, based on which a resolution is drawn up,
for each session;
g) to solve the petitions forwarded by citizens and organisations,
according to the resolution of the President of the Court;
h) to watch over directly the activity concerning the settlement of
requests of access to information of public interest, under the
terms of the law;
i) to organise and coordinate the updating of the Constitutional
Court's web page and database;
j) to prepare the plan of international relations and to ensure its
fulfilment, after approval by the Plenum;
k) to prepare the draft plan of revenues and expenditures of the Court,
to submit such for approval to the Court's Plenum, thereafter forward
it to the Government, under the signature of the Court's President,
according to the law;
l) to take on and use any budgetary funding within approved limits
and destination, to make disbursements from the sums allotted through
the State budget and the State Social Insurance budget, subject to the
terms of the law;
m) to approve the lists comprising the duties for each individual post
in the structure of the General Secretariat of the Constitutional Court;
n) to approve dispatch of the Court's General Secretariat staff on
inland assignments;
o) to approve compensation of overtime done by the Court's General
Secretariat staff past regular working hours, with commensurate free time;
p) to make proposals to the Court's President for establishing civil
liability for damages caused by the Court's employees;
q) to organise competitive examinations for the recruitment of employees
of the Constitutional Court's General Secretariat;
r) to approve leaves of absence and paid holidays for the staff of
the Constitutional Court's General Secretariat and to dispose call-back
from holidays;
s) to organise the inventory of the Court's assets, to approve and
duly capitalise its results, subject to the law;
t) to approve the inventory value of the books received free (of charge);
u) to approve, subject to the law, pay of compensation for overtime
done by the Court's employees;
v) to countersign orders signed by the President of the Court;
x) to fulfil any other duties established by the Plenum of the
Constitutional Court or by the President;
(2) In exercising his/her powers of ordering payments from the budgetary
funds, as well as in other cases provided by the law, the Secretary
General shall issue orders.
Article 32. - (1) The General Economic Division ensures the
supported documentations and drafting of the Constitutional Court's
budget and the use of the financial resources within the limits of
the approved budget; ensures the management of the assets, of the
logistic and material means, as well as of the services needed for
the smooth operation of the Court's activity, on the basis of the
approved programmes; administrates financial and material matters
related to human resources; applies the legal provisions on the payment
of salaries, record and transfer of financial duties due to salaries
and reimbursements; ensure the duties related to the activity of
protocol and international relations, as well as the other duties
established by the Court's Plenum, according to the legal provisions
in force.
(2) The General Economic Division is headed by a General Director
and composed of the following units:
a) Financial-Accountancy Unit
b) Purchase and Administrative Unit
c) Human Resources and External Relations Office
(3) In the case of the absence of the Secretary General, the General
Director shall take on this one's attributes as well, as may be
authorised by order of the President of the Constitutional Court.
Article 33. - The Achieves, Registrar's and Clerical Activities
Unit ensures the preparation of the Court's proceedings; it receives
and registers the acts of reference, petitions and correspondence,
and keeps the record of their inventory, as well as of their circulation,
under the terms stipulated by Article 11; ensures the making of copies
and the delivery of the acts of the Court, of the other works and of
the correspondence, as well as the returning of the files to the courts;
organises and keeps the general archives in good order, as prescribed
by the law; makes the Court's files available to the parties or to their
legal representatives for examination, in the archives office, and gives
them information on the requested data; assures the other auxiliary
services necessary for the jurisdictional activity.
Article 34. - The Documentation, Research and Informatics Unit
sees to the preparation and processing of any documents as is necessary
for the Court's activity, prepares studies, reports and translations;
provides an inventory record about the practice and doctrine of the
Court, collections of normative acts, is responsible of the
administration and completion of the book fund; creates and implements
necessary applications of the Court's informatics system; ensures
the updating of the database, as well as of the web page; redacts and
edits brochures and other publications of the Constitutional Court;
fulfils any other tasks ordered by the Plenum of the Court, by the
President or by the Secretary General.
Article 35. - (1) The personnel from the Judges' cabinets fulfil
secretarial duties for their cabinets, as well as any other tasks
established by the judges.
(2) In case of the persons provided under paragraph (1), the work
schedule, or overtime to be paid subject to the law, planning of paid
holidays, leaves of absence, and free time granted for doing overtime,
shall be within the realm of attributes of the Judges.
(3) Provisions stipulated under paragraphs 1 and 2 above apply
accordingly for the personnel assigned to the Secretary General's cabinet.
Article 36. - Duties on standby service shall be ensured in
compliance with the terms laid down by the Plenum of the Constitutional Court.
Article 37. - The compartment of public internal audit is
subordinated to the President of the Court and fulfils the duties
provided by the law and these rules, as well as the tasks ordered by
the President as regards the activity within the General Secretariat of
the Constitutional Court.
CHAPTER VI
Disciplinary Answerability Article 38. - A Judge of the Constitutional Court shall be
disciplinarily answerable for any culpable breach of the provisions
under Article 64 of the Law no.47 of 1992.
Article 39. - (1) Disciplinary proceedings against a Judge of the
Constitutional Court may be taken only based upon written notice,
which must be signed.
(2) Upon receiving such notice, the President of the Constitutional
Court shall appoint a commission of disciplinary enquiry, made up of
three Judges, in order to examine notice.
(3) If notice refers to the President of the Constitutional Court,
these three Judges shall be designated by the Plenum of the Court,
by drawing lots.
(4) One of the three Judges shall be appointed to chair over the
commission of disciplinary enquiry.
(5) Anyone against whom allegations have been brought must be heard
by the commission of disciplinary enquiry.
(6) If the commission of disciplinary enquiry considers that notice
has been groundless, the case is quashed, with permission of the body
which has appointed the said commission.
(7) In the event that the commission of disciplinary enquiry has
found the notice grounded, it shall draw up a report which, together
with the file, is taken to the Plenum of the Constitutional Court.
Article 40. - (1) The Plenum of the Constitutional Court may
apply to a Judge, depending on gravity of the breach committed, one of
the following disciplinary sanctions:
a) reprimand;
b) severe warning;
c) termination of the term of office as Judge of the Constitutional Court.
(2) Any sanction shall be applied under a resolution adopted by a
majority vote of the Judges.
Article 41. - (1) The ascertainment of a disciplinary breach of
duty committed by the Secretary General, and application of sanctions
shall be within the competence of the Plenum of the Constitutional
Court, which shall decide on the basis of the report drawn up by a
disciplinary committee, made up of 3 Judges appointed by the President
of the Constitutional Court.
(2) By resolution adopted by a majority vote of the Judges, the
Plenum of the Constitutional Court may apply to the Secretary General,
depending on gravity of the breach committed, one of the following
disciplinary sanctions:
a) reprimand;
b) severe warning;
c) removal from office.
Article 42. - (1) The assistant-magistrates and other Court
employees shall be disciplinarily answerable for any culpable breach
of the provisions under the Law no.47 of 1992 and these Rules.
(2) The assistant-magistrates and other Constitutional Court employees
disciplinary breaches of duty are the ones provided by the regulations
in force concerning the statue of each personnel category.
Article 43. - (1) The ascertainment of a disciplinary breach
of duty committed by the assistant-magistrates and application of
sanctions shall be within the competence of the President of the Court.
(2) The person sanctioned may file a complaint against the sanction,
within 10 days from communication, with a disciplinary council
consisting of 3 Judges, appointed by the Plenum of the Court.
(3) The disciplinary council takes decisions by a majority vote of
its members and it pronounces by a reasoned decision.
(4) For a disciplinary breach of duty committed by an assistant-magistrate,
depending on gravity of the breach committed, one of the following
disciplinary sanctions may be applied:
a) observation;
b) reprimand;
c) warning;
d) reduction of the salaries by up to 15%, for a period of
one up to 3 months;
e) removal from function.
Article 44. - (1) Appointment of a disciplinary commission or
council, mentioned under Articles 39, 41 and 43, shall be on a
case-by-case basis. After adjudicating the matter, such shall
cease its activity.
(2) Secretarial work shall be accomplished by an assistant-magistrate
designated by the President of the Court.
Article 45. - (1) In the case of the disciplinary breach of
duty committed by employees from the General Secretariat of the
Constitutional Court, the enquiry, ascertainment and sanctioning
shall follow the procedure provided by the law governing the employment
or workplace relations, as the case may be.
(2) A disciplinary action against a driver or office-assistant
attached to a Judge's cabinet can be made only on proposal from the
Judge concerned.
Article 46. - (1) The disciplinary sanctions that may be
applied to the personnel provided under Article 45 paragraph (1),
depending on gravity of the breach committed, are:
a) reprimand;
b) warning;
c) reduction of the salaries and seniority indemnity by 10 - 15%,
for a period of one up to 3 months;
d) suspension of the promotion right, for a period of one up to 3 years;
e) demotion from function, or class within the same job, for a period
of one up to 6 to 12 months, and the proper reduction of salary;
f) removal from function, namely the disciplinary termination of
employment under individual contract.
(2) The measures provided under paragraph (1) sub-paragraph (f)
shall be ordered by the President of the Court, upon proposal of
the competent body.
(3) The procedure for challenging the disciplinary sanctions is the
one provided by the law.
Article 47. - If more than one person is involved, and they
belong to different categories of Court employees, the competence
to ascertain and apply sanctions for a disciplinary breach of duty,
and to resolve complaints against sanctions, shall belong with the
disciplinary authority that corresponds to the highest of positions.
CHAPTER VII
Final Provisions Article 48. - The Constitutional Court fosters the relations
with similar authorities from abroad and may affiliate itself to
international organisations in the area of constitutional justice.
Article 49. - Under exceptional circumstances, when there is
urgency, the President of the Constitutional Court may order, after
consultation with the Judge-rapporteur, shorter terms for the deadlines
provided in the Chapter IV of these Rules.
Article 50. - A Judge-rapporteur may solicit expertise from
distinguished personalities or specialised institutions, with prior
permission from the President of the Court.
Article 51. - The design of court attires (robes) and badges
for Judges and assistant-magistrates shall be approved by the Plenum
of the Constitutional Court. The manufacturing costs for the robes
and badges intended for Judges and assistant-magistrates shall be
borne by the Court, subject to the law.
Article 52. - (1) The Court's personnel must protect the
confidentiality of the Court's activity, except in situations in
which, pursuant to the law or to these Rules, it has a public character
(2) Any breach of such provisions shall entail disciplinary answerability.
Article 53. - Law-enforcing agents shall not be allowed to enter
the Court precincts, unless approved by the President, or Secretary
General of the Court.
Article 54. - Regulations concerning holidays shall be approved
by the Plenum, by a majority vote of the Court's Judges.
Article 55. - (1) These Rules shall come into force on the
date of its publication in the Official Gazette of Romania, Part I.
(2) On the same date, the Standing Rules on the organisation and
operation of the Constitutional Court, of 4 November 1992, adopted
by the Decision no.12/1997 of the Plenum of the Constitutional Court,
published in the Official Gazette of Romania, Part I, no.308 of
12 November 1997, with any subsequent amendments, shall be repealed.
[*]
Approved by Ruling no.2 of January 28th 2005 of the Plenum of the
Constitutional Court and published in the Official Gazette of Romania,
Part I, no.116 of February 4th 2005.
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