Академический Документы
Профессиональный Документы
Культура Документы
of 17 August 2005
Published in Official Journal, Part I,
Issue #823 of 12 September 2005
CHAPTER I
Entrance Examination at the National Institute for Magistrates
SECTION I
General Dispositions
SECTION II
Organization of the Examination
Art. 4. – (1) The entrance examination shall be organized every year, at a date
and place set by the National Institute for Magistrates, under previous approval
by the Higher Council of Magistrates.
(2) The Higher Council of Magistrates shall set the number of student positions
every year, depending on the number of vacancies in the judicial and
prosecutorial systems, and also depending on the number of new positions that
are scheduled to be created.
(3) The date, place, procedure for the examination and number of students in a
given year shall be released in the Official Journal of Romania, Part III, as well as
on the websites of the Higher Council of Magistrates and the National Institute for
Magistrates, no later than 60 days before the date of the examination.
(4) The dates stipulated at paragraph (3) shall also be released in a press
communiqué, to be published in 3 national-circulation dailies.
(5) The topics and resource literature for the entrance examination shall be
posted on the websites of the Higher Council of Magistrates and the National
Institute for Magistrates, within the deadline stipulated at paragraph (3).
(6) The application forms for entrance at the National Institute for Magistrates
shall be developed by the Higher Council of Magistrates and sent to Tribunals
and Prosecutor’s Offices attached to said Tribunals, together with the topics for
examination and resource literature.
(7) On registering for the examination, candidates shall receive the application
form, one copy of these Rules, as well as the topics and the resource literature.
(8) All applications for examination registration shall be submitted no later than
30 days before the date of the examination, with the Tribunals and, as the case
may be, with the Prosecutor’s Offices attached to such Tribunals, of the
jurisdiction where the respective candidates reside.
(9) The registration application shall be accompanied by the following
documents:
a) copy of Birth Certificate;
b) copy of Identity Document;
c) copy of Law School graduation certificate or provisional certificate;
d) receipt for payment of registration fee;
e) criminal history certificate;
f) fiscal history certificate.
(10) The amount of registration fee shall be established in a decision by the
Higher Council of Magistrates, depending on the expenses required to organize
the entrance examination. The fee is payable at the Tribunal cash desk or, as the
case may be, at the Prosecutors’ Office cash desk. For such fees the cash desks
shall use a distinct and separate receipt book. Receipts are to be made in
triplicate, and the original as well as first copy shall be handed to the candidate.
The amounts thus obtained shall be sent, through a payment order, to the
account of the Higher Council of Magistrates.
(11) Presidents of Tribunals and, as the case may be, Chief Prosecutors of the
Prosecutors’ offices attached to Tribunals, shall submit the candidates’
documents to the Higher Council of Magistrates no later than 25 days before the
date of the entrance examination.
Art. 5. – (1) The Higher Council of Magistrates shall appoint, based on
nominations submitted by the National Institute for Magistrates, the examination
committee, the committee in charge of designing the examination subjects and
the committee for appeals.
(2) The chairperson of the examination committee shall be appointed by the
Higher Council of Magistrates from among its own members.
Art. 6. – (1) The examination committee shall organize and supervise the
examination, shall examine the candidates and shall grade the written tests.
(2) The examination committee shall verify compliance with the provisions of
Art. 13 paragraph (2) of Law #303/2004, as amended.
(3) The results of the examination shall be posted at the National Institute for
Magistrates as well as at the Tribunals and Prosecutors’ Offices attached to
Tribunals, and shall also be posted on the websites of the Higher Council of
Magistrates and the National Institute for Magistrates, no later than 15 days after
the examination.
(4) Candidates who failed in the examination can file appeals no later than 3
days after the results were posted.
(5) Appeals shall be adjudicated by the appeals committee within 48 hours of
the after the deadline stipulated at paragraph (4). The decision of the appeals
committee is final.
SECTION III
Examination Procedure
CHAPTER II
Graduation Exam at the National Institute for Magistrates
Art. 22. – (1) After completion of the courses at the National Institute for
Magistrates the judicial trainees shall take a graduation examination consisting of
theory and practical tests that will verify the acquisition of the knowledge and
skills needed in the exercise of the judicial or prosecutorial function.
(2) The disciplines for which the judicial trainees are to be evaluated throughout
the school year and that they have to take the graduation exam in, as well as the
methods of examination, shall be established by the Scientific Council of the
National Institute for Magistrates.
(3) The graduation exam shall be taken before an examination committee
appointed by the Higher Council of Magistrates, based on nominations made by
the National Institute for Magistrates. The examination committee shall be
comprised of 3 persons: one representative of the training staff at the Institute
and two judges or, as the case may be, two prosecutors.
(4) The final grade shall be the average of the grades awarded by each of the
three members of the graduation committee.
(5) The results of the graduation exam shall be posted at the National Institute
for Magistrates and on its website.
(6) The graduation grades can be challenged within 48 hours of their posting.
Such appeals shall be dealt with by the appeals committees, appointed by the
Higher Council of Magistrates based on nominations made by the National
Institute for Magistrates. The examination committee shall be comprised of 3
persons: one representative of the training staff at the Institute and two judges or,
as the case may be, two prosecutors. The members of the appeals committee
shall be different from the members of the examination committee.
(7) In order to become a graduate of the National Institute for Magistrates a
judicial trainee must obtain a general average of at least 7 (seven) and grades no
less than 5 (five) in each of the exam subjects.
(8) Graduates of the National Institute for Magistrates shall be issued with a
certificate which attests that they graduated from the Institute, in a specific class
and with a specific general average.
Art. 23. – (1) In case a judicial trainee fails the graduation exam in the first
session, he/she shall have the right to take that exam a second time in the next
session.
(2) Unjustified absence from the examination or failure to pass the examination
in the second session entails loss of the right to work as a judge or prosecutor. A
person in this situation shall reimburse the scholarship and school expenses.
Art. 24. – Graduates from the National Institute for Magistrates shall be
assigned to positions by the Higher Council of Magistrates, based on their
general average. The general average is the arithmetic average of the final grade
of the two years of study and of the graduation exam.