Constitutional Court rejects Justice Minister's request for interpretation

The Constitutional Court has rejected the Justice Minister Oleg Efrim's request to interpret Art.122(2) of the Constitution and determine whether or not a caretaker chairman of the Supreme Court of Justice can be an ex-officio member of the Superior Council of Magistrates. Efrim's request came in connection with the expiration of Ion Muruianu's term in office as chair of the Supreme Court. In rejecting the request, the Constitutional Court argued that the constitutional provisions didn't regulate the situation of one temporarily performing the duties of this office. This is regulated by special legislation that governs the work of the Supreme Court. Thus, the Constitutional Court held that interpreting these provisions is not within its jurisdiction but it's rather up to Parliament. “Interpreting the constitutional provision of the Article 122 (2) in the aspect suggested by the request would represent an interference by the Constitutional Court in the exclusive authority of Parliament. For this reason, the Court held that the request is not within its jurisdiction and therefore cannot be heard on the merits”, the Court said in a press release. The decision is irreversible and cannot be appealed. The Court also recalled that the Parliament's decision on the discharge of the Supreme Court Chair signaled a number of omissions in the special laws that regulate the organization and functioning of the judicial system, in particular the temporary performance of duties of the Chair or Deputy Chair of the Supreme Court, an issue which should have been resolved by the relevant authorities within three months.

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