Instanţă extrajudiciară. Activitate administrativ-jurisdicţională. Act administrativ-jurisdicţional. Compatibilitatea dispoziţiilor art. 211 şi art. 509-513 C. pr. civ. cu procedura de soluţionare a acţiunii disciplinare. Inaplicabilitate

Extrajudicial court. Administrative and judicial activity. Administrative and judicial act. Compliance of the provisions of Article 211 and Articles 509-513 of the Code of Civil Procedure with the procedure of settlement of the disciplinary action. Inapplicability

Abstract

1. According to Article 44 para. 1 of Law no. 317/2004, as republished, subsequently amended and supplemented, the Superior Council of Magistracy has, due to its sections, the role of court in the matter of disciplinary liability of judges and prosecutors.

In accomplishing this role, the Superior Council of Magistracy is not a court within the meaning of Article 126 of the Constitution and Article 2 para. 2 of Law no. 304/2004, but an extrajudicial court, which delivers a decision in an...