MP Vasile Bolea has formally asked the Constitutional Court to determine whether it was legal for the Superior Council of the Judiciary to appoint a new constitutional judge on Friday.
In particular, Bolea questioned the Council’s capacity to make the appointment due to its “incomplete composition”.
“Considering that (the Council) operates in an incomplete composition, with a number of judge-member seats still vacant, and considering that decisions are made with a simple majority of votes, this makes it possible for non-judge members appointed by Parliament to dominate the decision-making process. When it comes to important decisions, such as Constitutional Court appointments, this preponderance of Parliament-appointed members affects the balance of powers and the principle of the separation of powers”, argued Vasile Bolea, who is a lawyer by training.
The Constitutional Court is made up of six judges, with Parliament, the Government and the Superior Council of the Judiciary each getting to appoint two.
A seat apportioned to the Council became vacant with the death of Judge Eduard Ababei in 2021. In March 2021, MP Vasile Bolea, a Socialist at that time, unsuccessfully tried to compete for the job, as the public competition kept being postponed over and over. On Friday, the Council finally gave the seat to Judge Viorica Puica.
