The Chamber of Deputies on Tuesday passed the bill offering increased immunity to the constitutional judges. Therefore, the Constitutional Court judges will not be prosecuted, detained, arrested or indicted without the consent of the two thirds of the number of the constitutional judges.
“CCR judges cannot be prosecuted, detained, arrested, searched or indicted without the consent of the Constitutional Court’s plenary sitting, at the Justice minister’s request after being notified by the Prosecutor General. The go-ahead must be voted by two thirds of the total number of the constitutional judges,” says the draft amending the Law 47/1992.
The bill says that the constitutional judges’ prosecution and indictment is conducted only by the Prosecutor’s Office upon the High Court of Cassation and Justice.
“In case of flagrant crime, the CCR judges can be detained and subject to house search, with the Justice minister asking for the Constitutional Court’s consent for the criminal prosecution and arrest,” reads the bill.
The indicted constitutional judge can be suspended from office through the CCR plenary sitting’s decision passed with by two thirds of the CCR members. In case of a final conviction ruling, the constitutional judge will lose his office.
The bill also stipulates amendments on the constitutional judges’ pensions. The judges with a 25 year-seniority, regardless of age, the date of the retirement, benefit of a pension equal to 80% from the monthly gross income and increments. Another 1% is added to the pension value for every year that exceeds the above-mentioned seniority.
The pension of the CCR judges can be cumulated to any other incomes.
The bill has passed by 178 votes to 39 and 51 abstentions. It will go now to the Senate, which is the decision-making body.