Romania’s Constitution of 1991 with Amendments through 2003

Judicial Independence

 
Article 124. 1. Justice is carried out in the name of the law. 2. Justice is impartial and the same for all citizens. 3. The judges are independent and subject only to the law.
 

Judicial Council or Parallel Institution

 
Article 133. 1. The High Council of the Judiciary guarantees the independence of the judiciary. 2. The High Council of the Judiciary is composed of 19 members, of whom: a. 14 are elected by the general meeting of the Council and confirmed by the Senate; they are divided into two sections, one for the judges and the other for the public prosecutors; the first section is composed of 9 judges, and the second of 5 public prosecutors; b. 2 representatives of civil society, experts in law, who enjoy a high professional and moral reputation, to be elected by the Senate; they shall only participate in plenary proceedings of the Council; c. the Minister of Justice, the President of the High Court of Cassation and Justice, and the Attorney General of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice. 3. The President of the High Council of the Judiciary is elected for a non-renewable term of one year among the members listed under paragraph 2(a). 4. The term of office of the members of the High Council of the Judiciary is 6 years. 5. The High Council of the Judiciary takes its decisions by secret ballot. 6. The President of Romania presides at the meetings of the High Council of the Judiciary in which he/she takes part. 7. Decisions by the High Council of the Judiciary shall be final and irrevocable, except those listed in article 134(2).
 
Article 134. 1. The High Council of the Judiciary proposes to the President of Romania the appointment of judges and prosecutors, with the exception of trainees, in accordance with the law. 2. The sections of High Council of the Judiciary serve as disciplinary courts for judges and public prosecutors, based on a procedure established by its organic law. In these cases, the Minister of Justice, the President of the High Court of Cassation and Justice, and the Attorney General of the Public Prosecutor’s Office are not entitled to vote. 3. Disciplinary decisions by the High Council of the Judiciary may be challenged before the High Court of Cassation and Justice. 4. The High Council of the Judiciary shall also perform the other duties enumerated in its organic law, in order to fulfill its role as guarantor of the independence of the judiciary.
 

Attorney General’s Office

 
Article 133. […] c. the Minister of Justice, the President of the High Court of Cassation and Justice, and the Attorney General of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice. […]