Amicus Curiae: Position Paper on the complaint no. 114a of 12.04.2023

This Opinion is set out regarding the notification no.114a/2023 regarding the exception of unconstitutionality of some provisions of the Law on Judicial Organization no. 514 of 6 July 1995, of the Law on the Superior Council of Magistracy no. 947 of 19 July 1996 and of the Law on some measures related to the selection of candidates for the position of member of the self-administration bodies of judges and prosecutors no. 26 of March 10, 2022.

The conclusion of the Group of Experts in the Field of Justice (GEJ) is that the challenged provisions of Law 514/1995 and Law 947/1996 exceed the legal scope of competence of the Constitutional Court, because the issues addressed are questions of expediency, but not of constitutionality. At the same time, the anti-blocking mechanisms regulated by these provisions are predictable, proportionate to the legitimate aim pursued and correspond to the principled recommendations of the Venice Commission. On the contrary, the challenged provision of Law 26/2022, which being an infraconstitutional provision, extends the mandate of the members of the SCM in the absence of an express regulation in the Constitution, could raise a question of constitutionality in relation to art. 122 para. (5) of the Constitution.