11. Numirea şi eliberarea din funcţiile structurilor poliţiei judiciare
11. Appointment and removal from offices of the structures of the judicial police

Summary/Abstract: In this case, the subject of the cause of action is represented by the Deed no. 5652/CA/2012, titled “Withdrawal of the notice of appointment in the structures of the judicial police”, issued according to art. 201 paragraph (3) of the Code of Criminal Code. (1997), by the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice. The claimant-appellant essentially argued in the appeal lodged, that the deed of withdrawal of the assent represents an autonomous legal deed, which is capable of producing legal effects by itself/in a distinct manner, arguing that, according to art. 201 paragraph (3) the 2nd sentence of the Criminal Code, “the withdrawal of the notice (…) shall lead to the termination of the capacity of employee of the judicial police”. Or, the provisions of the Order of the Ministry of Internal Affairs no. 1504/2006 emphasise that both the appointment and the removal from the positions of the structure of the judicial police are made according to the decision of the heads of services of the ministry or of the general inspectorates, based upon the assent of the general prosecutor. Hence, the existence of the assent or its lack represents sine qua non requirements for the issue of administrative documents of appointment and, respectively, of the removal from the offices of the judicial police. In fact, in this case, Deed no. 5652/CA/2012 of 29 June 2012, issued by the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, is mentioned as a basis of the issue of the Provision no. 3880 of 13 July 2012, issued by the general inspector of the Romanian Police, under which the claimant-appellant was removed from “the offices of the structures of the judicial police”, which the claimant-appellant challenged further, representing the subject matter of the file in which the sentence no. 133/2013 was ruled, being declared irrevocable under the decision no. 5608/ 2013, issued by Cluj Court of Appeal. The administrative documents being capable of producing legal effects (the assumption and respectively, the removal of/from the “offices of the structures of the judicial police”) are the provisions of appointment and, respectively, of removal from the offices, in relation to which, the grant or the withdrawal of the “assent”, represent administrative operations coming before and contributing to the issue of some legal documents capable of producing legal effects. Consequently, “the grant of the assent”, as well as “withdrawal of the assent” are administrative actions as those to which the provisions of art. 18 paragraph (2) of Law no. 554/2004, as subsequently amended and supplemented refer, from the interpretation of which it results that they may be exclusively challenged at the same time with the administrative document whose issue was based on them.

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