Romanian Magistrate Professional Records To Be Kept By Single Auth

The Romanian High Council of the Magistrates (CSM) proposes a law amendment that would bring all professional records of judges and prosecutors, which are currently held by other institutions, to the Council.

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The deadline for the transfer is 90 days from the coming into force of the legal provisions proposed.

"Authorities and institutions that, before the entry into force of Law no. 317/2004 on the High Council of the Magistrates, had jurisdiction to keep the professional records of judges and prosecutors, are hereby obligated to send these records to the High Council of the Magistrates within 90 days from the entry into effect of this law," said a press release issued by the press office within the Council.

The Council is the only authority capable of compiling and keeping the professional records of judges and prosecutors and there are no legal grounds on which the records of judges and prosecutors who are no longer in office would remain in the possession of other authorities, said the press release.

According to the quoted document, the keeping of the professional records of judges and prosecutors is the exclusive attribute of the High Council of the Magistrates, without operating a difference between the judges and prosecutors who were active before the coming into force of Law no. 317/2004, republished, with later amendments, and those who were in office when the law became effective or those who held such positions after the law’s coming into force.

Even if the law does not distinguish between these situations, the current law made possible the interpretation that the text only refers to the professional records of judges and prosecutors who were in office when Law no. 317/2004 came into force or those who were appointed based on this law.

The lack of specific provision in this matter can generate confusion when interpreting the provisions of article 33, said the quoted source.

The proposition formulated by the High Council of the Magistrates will be forwarded to the Ministry of Justice in view of a legislative initiative.

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