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CCR upholds PM Dancila’s referral: ICCJ has to change the 5-judge panels

The Constitutional Court has ruled that there is a constitutional legal conflict between the Parliament and the High Court of Cassation and Justice (ICCJ – Supreme Court) on the issue of the establishment of the 5-judge panels.

The decision was made by majority of votes.

The Constitutional Court admitted on Wednesday the referral from Prime Minister Viorica Dăncilă regarding a legal constitutional conflict between the Parliament and the ICCJ on the issue of the 5-judge panels.

CCR Chairman, Valer Dorneanu, has explained, at the end of the hearings that the Supreme Court has issued several rulings since 2014, according to which only four members of the 5-judge panels were appointed by draw.

The High Court will immediately take the necessary measures to establish the 5-judge panels, in order to draw all the members, Dorneanu said.

The Leadership College of the High Court of Cassation and Justice decided in its meeting on September 4 not to apply the new provisions of Law 304/2004 regarding the reconfiguration of the 5-judge panels, hotnews.ro reports.

The Constitutional Court was notified on October 2 by Prime Minister Viorica Dăncilă in connection with a constitutional conflict between the Parliament and the High Court of Cassation and Justice.

The Constitutional Court has discussed on Wednesday Premier Dăncilă’s referral.

The referral to the CCR was made by the Government, in the context in which the PSD leader, Liviu Dragnea, claimed the illegality of the Supreme Court’s 5-judge panels. Such a panel is judging the appeal in the fictive employment file from the General Directorate Social Assistance and Child Protection (DGASPC) Teleorman, in which he was sentenced to three and a half years in prison.

Dragnea’s lawyers have sued the ICCJ on the judges’ panels and the court case is opened at the Court of Appeals.

 

 

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