VeDem Just tells CCR the mandate of Judge Petre Lazaroiu has expired, office needs to be vacated

The Association Voice for Democracy and Justice (VeDem Just) has sent an open letter to the Constitutional Court (CCR) requesting it to vacate the position of judge in the case of Petre Lazaroiu, whose mandate has expired, as the CCR decided in a ruling published a month ago.

It is the case of Petre Lazaroiu (photo), who has been in office for 10 years, although the constitution reads that the term at CCR is 9 years, ziare.com reports.

Lazaroiu was appointed in office in 2008 for a rest of term and was reinvested in 2010.

In 2018, the CCR ruled that judges can not add an entire mandate to a rest of the mandate, and that the maximum limit is 9 years, as the Constitution states.

“According to Article 142, paragraph 2 of the Romanian Constitution, the mandate of a CCR judge is nine years.

Consequently, by Decision no. 136/2018 published by the Official Gazette on May 4, 2018, the Court decided that the legislative solution contained in art. 68, paragraph 3 of the Law no. 47/1992, republished, which allowed this period to be exceeded, is unconstitutional.

(…) One of the CCR judges, Mr. Petre Lazaroiu, has been in office for more than nine years.

Thus, the President of Romania issued the Decree no. 553/2010 published by Official Gazette no. 372 dated June 4, 2010, for his appointment as judge with the Constitutional Court for a nine-year term, starting on June 8, 2010, mentioning as legal basis art. 68, paragraph 3 of the Law no. 47/1992.

Previously, however, he had served a partial mandate as CCR judge, being appointed by the country president by Decree no. 870/2008 published by Official Gazette no. 654 dated September 16, 2008.

Therefore, overall, Mr. Petre Lazaroiu has served as CCR judge since September 16, 2008 to this date. Meanwhile, the decision 136/2018 dated May 4, 2018 has been made.

As being generally valid, it also applies to Mr. Petre Lazaroiu, who should have completed his second term on June 8, 2019: his current mandate is not retroactively affected so far, but the situation emerged after the date of May 4, 2018,” is the Association’s reasoning on the request addressed to the CCR and explicitly stated in a press release.

Therefore, VeDem Just claims that the decree of appointing Petre Lazaroiu as constitutional judge, issued on the basis of an article of a law declared unconstitutional, ceased to be effective since the date of publication of the CCR decision, namely on May 4, 2018.

“As a result, the CCR President must declare the termination of the mandate of Mr. Petre Lazaroiu as a result of his exclusion by law from the CCR, under Article 67 paragraph 2 for the case under paragraph (1) letter a) of the Law no. 47/1992.

In our opinion, Mr. Petre Lazaroiu cannot participate in the next sittings of the CCR plenum. As for the CCR decisions after May 4, 2018 adopted with the participation of a civilian in solving and deliberating, the CCR plenum must find a solution to the effects created,” VeDem Just says.