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What the emergency ordinance provides:
Single item
- (1) The provisions of art. 54 par. (2) of Law no. 304/2004 on the judicial organization, reissued, with subsequent amendments and terminations, regarding the appeal sentence in its entirety made up of 3 judges, it will be applied to appeals filed in processes initiated as of January 1, 2023. In processes initiated As of January 1, 2021 and until December 31, 2022 inclusive, appeals are judged in their entirety by 2 judges.
- (2) In criminal cases, the provisions of art. 54 par. (2) of Law no. 304/2004, republished, with subsequent modifications and terminations, regarding the appeal trial in its entirety made up of 3 judges, it will be applied to the appeal trial in cases that were registered in the first instance as of January 1, 2023. Appeals presented in criminal cases registered in the first instance, starting from January 1, 2021 and until December 31, 2022 inclusive, it is judged in a panel composed of 2 judges.
The entry into force of this provision has been successively postponed since 2018. The last time, by Law n. 239/2019 on the approval of the Government Emergency Ordinance no. 92/2018, the measure was extended until December 31, 2020 inclusive,
The explanatory memorandum published on the GSG website indicates that, given the short time left until the entry into force of the provisions on panels of January 3 and 1, 2021, respectively, “a possible legislation, other than the delegation legislative, even in the emergency procedure, would not be able to immediately eliminate these negative consequences ”.
The government argues the need for this postponement due to the fact that the staffing schemes of the courts are insufficient and the application of the decision in panels of 3 judges could hinder the functioning of the judiciary as a whole.
The emergency ordinance is initiated by the Minister of Justice, Stelian Ion.
