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Constitutional Court: The notification on the ‘super-immunity’ of the members of the court, partially admitted

The Constitutional Court of Romania (CCR) has partially admitted on Tuesday the notification from PNL and USR on the immunity of constitutional judges in the sense that they would not enjoy immunity from prosecution, but the vote of two-thirds of the members of the institution is needed in case of remand, arrest or searches.

“We have admitted partially the exception of unconstitutionality, declaring the following texts unconstitutional: firstly, the phrase ‘criminal prosecution’, which means that we will not benefit from that immunity. (…) Similar to the lawmakers, criminal prosecution will be possible. The rest refers to remand, arrest, searches,” CCR President Valer Dorneanu said on Tuesday.

At the same time, the request to waive the immunity of a judge is made by the Prosecutor General, and not by the Justice Minister, the CCR plenum has decided.

“Secondly, we have declared unconstitutional the phrase ‘at the request of the Minister of Justice’, meaning that the request for waiving the immunity is not made by the Minister of Justice, which comes from a political component, but is made directly by the Prosecutor General,” Dorneanu said.

He pointed out that it was also decided to admit the appeal on the possibility to exclude a judge, who still has a part of the mandate to acquire nine years.

“For the remainder of the term, we have accepted the objection and we have rejected the possibility of the one who has a mandate to acquire a new one for nine years. For the time being, we have said that for a remainder of the mandate, the remainder of the term may not be less than six months,” Dorneanu added.

 

 

About Valeriu Lazar