Statute of limitation of the disciplinary liability of judges and prosecutors. The statute of limitation provided by Law no. 317/2004. Inapplicability of the provisions of common law or of other special regulations

JURISPRUDENŢĂ ÎN MATERIE DISCIPLINARĂ

Abstract

As regards the statute of limitation of the disciplinary liability of judges and prosecutors, Article 46 para. 7 of Law no. 317/2004 governs the statute of limitation of 2 years for the exercise of the disciplinary action, which is calculated from the date of committing the offence deemed as disciplinary offence. The limitation period runs from the date of committing the offence and expires on the date of exercising the disciplinary action, not being related to the time of settlement of the disciplinary action by the sections in disciplinary matter of the Superior Council of Magistracy or settlement by the High Court of Cassation and Justice of the appeal filed against the decision of the disciplinary court. The express special provisions and derogating from the common law, included in Law no. 317/2004 are applicable in the matter of limitation of the disciplinary liability of judges and prosecutors, and the general provisions set forth in Article 252 of Law no. 53/2003 regarding the Labor Code, as republished, subsequently amended and supplemented, or the special provisions laid down in Article 77 para. 5 of Law no. 188/1999 on the status of civil servants, as republished, subsequently amended and supplemented, shall not be applicable for completeness or by analogy.