DEOSEBIRI INTERVENITE ÎNTRE REGLEMENTĂRILE PRIVIND ABATERILE DISCIPLINARE ALE MAGISTRAȚILOR ÎN CONTEXTUL ABROGĂRII LEGII NR. 303 DIN 2004 ȘI INTRĂRII ÎN VIGOARE A LEGII NR. 303 DIN 2022, CU REFERIRE LA CONSECINȚELE DISCIPLINARE LEGATE DE ...
DISSIMILARITIES BETWEEN THE REGULATIONS REGARDING DISCIPLINARY OFFENSES OF MAGISTRATES IN THE CONTEXT OF THE REPEAL OF LAW NO. 303 OF 2004 AND THE ENTRY INTO FORCE OF LAW NO. 303 OF 2022, WITH REFERENCE TO THE DISCIPLINARY CONSEQUENCES RELATED TO...

Summary/Abstract: The legislative amendments that involve a change in the legal regime of disciplinary sanctions that can be applied to magistrates with reference to compliance with the legislation for the unification of judicial practice, given the elimination by the new law on the statute of magistrates of some disciplinary offenses expressly regulated by the previous legislation, raise issues related to the practice of the Judicial Inspection, forced to face the challenges related to the repeal of a legal text that expressly indicates a disciplinary offense and described its content. In this context of analysis, the question arises of assessing whether an act that is no longer expressly provided for as a disciplinary offense can still be assumed as a disciplinary offense or whether it can be considered whether the new legislation exonerates magistrates for such acts or not. The challenge for jurisprudence and doctrine is related to the circumstance of whether disciplinary liability can be engaged by being included in other legal texts that provide for acts subject to disciplinary sanctions. The main reason that led us to proceed with this analysis is related to the need for the same legal problem to receive the same solution in a judicial context, especially where we have clear instruments for unifying judicial practice, and to subject to observation the legislative instruments that sanction this risk of judicial activity

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