The Constitutional Court (CC) rejected the Socialist MPs’ request to suspend provisions of the law on the external assessment of judges and candidates for judge of the Supreme Court of Justice (SCJ). These provisions stipulate that if the proper functioning of the SCJ is seriously affected by the number of vacancies, the Superior Council of Magistracy can transfer judges from lower courts on a temporary basis, IPN reports.
The authors of the application, MPs of the Bloc of Communists and Socialists Vlad Batrîncea and Adrian Albu, asked the Court to determine the constitutionality of Article 21, par. (8) thesis I of Law No. 65 of March 30, 2023 on the external assessment of judges and candidates for judge of the Supreme Court of Justice. They argued the examination of appeals by judges of appeals courts who work temporarily at the SCJ affects the method of creation of this Court.
The CC noted the authors of the application didn’t present arguments concerning the risks of affecting any of the areas stipulated by law and didn’t prove the intensity and possible damage and negative, imminent and irreparable consequences of the invoked risks.
The CC’s decision is definitive, cannot be challenged, takes effect when it is adopted and is published in the Official Gazette.
The possibility of temporarily transferring judges to the SCJ was approved as a result of the chain resignations tendered by 20 judges of this Court where only five judges remained. Later, the Supreme Council of Magistracy announced a contest for the temporary transfer of judges.
