Cerere de intervenţie accesorie formulată de o asociaţie profesională a magistraţilor în procedura răspunderii disciplinare a judecătorilor şi procurorilor. Inadmisibilitate

Accessory motion to intervene filed by a professional association of magistrates in the procedure of disciplinary liability of judges and prosecutors. Inadmissibility

Abstract

The sections of the Superior Council of Magistracy, when they accomplish the role of a court in the matter of disciplinary liability of judges and prosecutors, have the features of an extrajudicial court, which carries out an administrative and judicial activity, as they are not courts within the meaning of Article 126 of the Constitution and Article 2 para. 2 of Law no. 304/2004 on the judicial organization, as republished, subsequently amended and supplemented.

Even in the presence of the reference rule provided by Article 49 para. 7 of Law no. 317/2004 regarding the Superior Council of Magistracy, as republished, subsequently amended and...