Judges and prosecutors’ career. Resolution of the Plenary Assembly of the Superior Council of Magistracy to reject the transfer request

CONTENCIOS ADMINISTRATIV ŞI FISCAL

Abstract

The examination of a transfer request from the perspective of the criteria laid down in Article 3 of the Regulation on the transfer and secondment of judges and prosecutors, the judges’ delegation, the judges and prosecutors’ appointment to other management positions, as well as the judges’ appointment to the office of prosecutor and of prosecutors to the office of judge, approved by the Resolution of the Plenary Assembly of the Superior Council of Magistracy no. 193/2006 should ensure an objective decision to be made, under transparency, lawfulness and opportunity conditions, in relation to the concrete circumstances of each transfer request, by indicating a balance between the public interest which the Superior Council of Magistracy is required to protect in exercising its role of guarantor of the justice independence and the private legitimate interest of the individual who filed a transfer request.