Nicolae Popa remains the President of the HCCJ

Nicolae Popa remains the President of the High Court of Cassation and Justice

Nicolae Popa (aged 68 ) remains the President of the High Court of Cassation and Justice. This was decided yesterday by the Superior Council of Magistrature, with 11 votes in favour and six against, establishing that he can hold this position until the age of 70 .

According to a press release of the Superior Council of Magistrature, it was decided that "the magistrates of the High Court of Cassation and Justice appointed in this position, under Law No. 56/1993, republished, of the Supreme Court of Justice, can retire at the age of 70.

The decision was determined by the application of the principle of non-retroactivity of the new law during a mandate.

The debate on this topic was triggered by the fact that there are magistrates appointed in the position of judges of the High Court of Cassation and Justice under Law No. 56/1993, republished, of the Supreme Court of Justice for which, at the moment of their appointment, the law provided that the age of 70 cannot be exceeded in this position. Subsequently, by Law No. 303/2004 concerning the status of magistrates, it was decided that judges and prosecutors (…), as well as assistant magistrates from the High Court of Cassation and Justice and the specialized legal staff assimilated to judges and prosecutors cannot remain in this position after they reach the retirement age provided by the law. Under this law, by Decision No. 444/2005, the Plenary Session of the Superior Council of Magistrature ruled that the retirement age for magistrates should be of 68 years.

In the Constitutional Court Decision No. 375/2005 it was presented that "the irremovability principle shall apply in terms of both the duration of the position of judge, as well as the duration of the mandate in a leading position, which cannot be reduced nor extended without the consent of the judge. On the other hand, the legislator is free to readjust the duration of mandates in management positions by means of a new law, differently than the law in force, but only for future mandates, and not for those in progress; otherwise it would violate the non-retroactivity rule, which is a constitutional regulation, provided under article 15 paragraph 2 of the Fundamental Law."

The Universal Charter of the Judge provides that "no amendment to the compulsory retirement age for judges shall have a retroactive effect".

Courtesy of Juridice.ro.

Adding date: 12.09.2007