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The ministry of justice proposes the dissolution of SIIJ


The ministry of justice (MJ) proposes, in the draft law regarding judicial organisation, the dissolution of the Section for the Investigation of Crime in justice (SIIJ), the files being taken over by other prosecutors’offices, according to their competence.

“In agreement with the opinions expressed by international bodies (...) the draft law proposes the dissolution of the Section for Investigation of Crime in Justice. In this context, it is proposed the setting up of transitory dispositions regarding the situation of the personnel and files under investigation by the Section (...). Thus, the files under investigation by the Section on the law comes to force, as well as the files already solved, which are found in the Archives of the section on that date will be sent within five days to the competent prosecutors’ offices according to the law’ the presentation of reasons for the draft law, brought under debate by the ministry of justice on Wednesday.

According to the quoted source, the procedure documents for such cases previously to the coming into force of the new law, with the observance of the legal dispositions in force at the date of their development, will be still valid.

The prosecutors in the section will go back to the prosecutors’ offices where they came from and will get their professional qualification back and their corresponding payment previously obtained or those obtained as a result of promotion, according to the law while  working in the SIIJ.

The draft law presents the principle according to which the ministry of justice contributes, together with the Superior Council of Magistrates to the good organisation and management of justice as a public service. The previous conception according to which the ministry of justice was the only authority liable under is aspect is no longer valid.


As a novelty, the draft law includes the fact that, exceptionally , when there is an increased volume of activity at the level of another section which solves files in other matters than the  criminal one, for their solutioning in a predictible period of time, the leadership of the tribunal could temporarily dispose the participation of judges from other sections than the criminal one. The provision has the purpose of ensuring efficiency in the activity of the court, as well as the observance of the right  to the solutioning of the trial in a reasonable period of time, which is a must for all jurisdictions based on the principle of rule of law’ the quoted document says.

The draft law contains a series of provisions which refer to external audit for the system of random selection of the files for each formation of the court, adequate representation for the leadership of the courts and prosecutors’ offices within the leadership colleges, solutioning of the appeals in formation of two judges, the nomination and revocation of the DNA and DIICOT prosecutors or the establishment of the judges’ constituencies.

The minister of justice Catalin Predoiu announced on Wednesday in a press conference that the draft for the amendments of the law of justice will be under public debate untill 31st March 2021.



Thursday, October 1, 2020