Former officers in the Information Services will be able to hold functions in the judiciary, the RCC has decided

The judges of the Constitutional Court of Romania (CCR) decided on Tuesday that the former officers from the information services can hold magistracy functions.

Thus, the CCR judges admitted the exception of non-constitutionality that concerns both the law of organization of the judicial system and the phrase “which were part of the information services before 1990”, according to a press release published on the institution's website.

The Court “admitted the exception of unconstitutionality and found that the phrase” which were part of the intelligence services “in the provisions of art.48 paragraph (10) of Law no.303/2004, as well as of the provisions of art.108 paragraph (6), of art.142 paragraph (4), of art.144 paragraph (2) and of art. The status of judges and prosecutors, is constitutional to the extent that it concerns the services of information prior to 1990. It also admitted the exception of unconstitutionality and found that the referral of the provisions of art.49 paragraph (11) of Law no.303/2004 on the Statute of judges and prosecutors to art.48 paragraph (10) of the same norm (10).

“In essence, the Court found that the legal provisions examined are unpredictable and discriminatory. Although the object of the exception of unconstitutionality is the provisions of art.48 paragraph (10) and of art.49 paragraph (11) of Law no. 303/2004, pursuant to art.142 paragraph (1) of the Constitution, the Constitutional Court has been pronounced and eliminated from the law and eliminated the legal provisions Art.108 paragraph (6), of art.142 paragraph (4), of art.144 paragraph (2) and of art.150 paragraph (4) of Law no.303/2022 regarding the status of judges and prosecutors as unconstitutional, as they maintain the unconstitutional legislative solution ”, states the statement issued by the CCR.

Basically, the prohibition to enter or hold management positions in the judiciary will apply only to the persons who were part of the information services prior to 1990 (such as the Security), that is to those who had proven links with the communist system.

Based on the decision of the CCR, the former employees from the information services from the post-communist period, such as SRI, SIE, STS or within the Department of Information and Internal Protection (DIPI), will be able to hold such functions.