Fulfilment of the condition of good repute for judges and prosecutors in office

DEZBATERI

Abstract

Law no. 303/2004 on the statute of judges and prosecutors does not define the notion of „good repute”, however, it shows that judges and prosecutors are admitted to magistracy by competition, based on their professional competency, skills and good repute. Good repute is verified upon admission to the National Institute of Magistracy; upon graduation of the National Institute of Magistracy, prior to their appointment as trainee judges or prosecutors; upon their appointment in the magistracy system based on competition; upon their appointment as judge or prosecutor without any competition or examination and also during the exercise of their office of judge or prosecutor. If the legislator expressly refers to the fulfilment of the condition of good repute only for admission to the magistracy system, however, in the case of judges and prosecutors in office, Article 76 of Law no. 317/2004 and Articles 62-66 of the Regulation regarding the rules for performance of the inspection works governed an extremely detailed procedure for checking the notifications regarding good repute, which we shall present as follows. This procedure refers to the methods of notification, the appointment of the judicial inspectors, the deadline for the performance of checks, the completion and conclusion of checks, but also the settlement procedure of the notifications regarding the condition of good repute for the judges and prosecutors in office and the suspension from office during the procedure.

 Keywords: good repute; methods of notification; judicial inspector; performance of checks; procedure of checks; settlement of notifications, suspension from office