CONSTITUTION

Chapter One: Fundamental Principles

Chapter Two: Fundamental Rights and Obligations of Citizens

Chapter Three: National Assembly

Chapter Four: President of the Republic

Chapter Five: Council of Ministers

Chapter Six: Judicial Power

Chapter Seven: Local Self-Government and Local Administration

Chapter Eight: Constitutional Court

Chapter Nine: Amendments to the Constitution. Adoption of a New Constitution

Chapter Ten: Coat of Arms, Seal, Flag, Anthem, Capital

Transitional and Concluding Provisions



Chapter Six

Judicial Power

Article 117.

    (1) The judicial branch of government shall safeguard the rights and legitimate interests of all citizens, legal entities and the state.
    (2) The judicial branch shall be independent. In the performance of their functions, all judges, court assessors, prosecutors and investigating magistrates shall be subservient only to the law.
    (3) The judicial branch of government shall have an independent budget.

Article 118. All judicial power shall be exercised in the name of the people.

Article 119.

    (1) Justice shall be administered by the Supreme Court of Cassation, the Supreme Administrative Court, courts of appeals, courts of assizes, courts-martial and district courts.
    (2) Specialized courts may be set up by virtue of a law.
    (3) There shall be no extraordinary courts.

Article 120.

    (1) The courts shall supervise the legality of the acts and actions of the administrative bodies.
    (2) Citizens and legal entities shall be free to contest any administrative act which affects them, except those listed expressly by the laws.

Article 121.

    (1) The courts shall ensure the equality and mutual challengability of the parties to a judicial trial.
    (2) Judicial proceedings shall ensure the establishment of truth.
    (3) All courts shall conduct their hearings in public, unless provided otherwise by a law.
    (4) All court rulings shall be motivated.

Article 122.

    (1) Citizens and legal entities shall have the right to legal counsel at all stages of a trial.
    (2) The procedure by which the right to legal counsel shall be practiced shall be established by a law.

Article 123. Court assessors shall participate in the trial process in certain cases established by a law.

Article 124. The Supreme Court of Cassation shall exercise supreme judicial oversight as to the precise and equal application of the law by all courts.

Article 125.

    (1) The Supreme Administrative Court shall exercise supreme judicial oversight as to the precise and equal application of the law in administrative justice.
    (2) The Supreme Administrative Court shall rule on all challenges to the legality of acts of the Council of Ministers and the individual ministers, and of other acts established by a law.

Article 126.

    (1) The structure of the prosecutors' office shall correspond to that of the courts.
    (2) The Chief Prosecutor shall oversee the legality and provide methodological guidance to all other prosecutors.

Article 127. The Prosecutor's Office shall ensure that legality is observed: 1. by bringing charges against criminal suspects and supporting the charges in common criminal trials; 2. by overseeing the enforcement of penalties and other measures of compulsion; 3. by acting for the rescindment of all illegitimate acts; 4. by taking part in civil and administrative suits whenever required to do so by law.

Article 128. The investigating bodies shall be within the system of the judicial branch. They shall perform the preliminary investigation in criminal cases.

Article 129.

    (1) Justices, prosecutors and investigating magistrates shall be elected, promoted, demoted, reassigned and dismissed by the Supreme Judicial Council.
    (2) The Chairman of the Supreme Court of Cassation, the Chairman of the Supreme Administrative Court and the Chief Prosecutor shall be appointed and dismissed by the President of the Republic on a motion from the Supreme Judicial Council for a period of seven years, and shall not be eligible for a second term in office. The President shall not deny an appointment or dismissal on a repeated motion.
    (3) Justices, prosecutors and investigating magistrates shall become unsubstitutable upon completing a third year in the respective office. They shall be dismissed only upon retirement, resignation, upon the enforcement of a prison sentence for a deliberate crime, or upon lasting actual disability to perform their functions over more than one year.

Article 130.

    (1) The Supreme Judicial Council shall consist of 25 members. Sitting on it ex officio shall be the Chairman of the Supreme Court of Cassation, the Chairman of the Supreme Administrative Court and the Chief Prosecutor.
    (2) Eligible for election to the Supreme Judicial Council besides its ex officio members shall be practicing lawyers of high professional and moral integrity with at least 15 years of professional experience.
    (3) Eleven of the members of the Supreme Judicial Council shall be elected by the National Assembly, and eleven shall be elected by the bodies of the judicial branch. (4) The elected members of the Supreme Judicial Council shall serve terms of five years. They shall not be eligible for immediate re-election.
    (5) The meetings of the Supreme Judicial Council shall be chaired by the Minister of Justice, who shall not be entitled to a vote.

Article 131. Any resolution of the Supreme Judicial Council to appoint, promote, demote, reassign or dismiss a justice, a prosecutor or an investigating magistrate, or a resolution pursuant to Article 129 para 2, shall be passed by a secret ballot.

Article 132.

    (1) Justices, prosecutors and investigating magistrates shall enjoy the same immunity as the Members of the National Assembly.
    (2) The immunity of a justice, prosecutor or investigating magistrate shall be lifted by the Supreme Judicial Council only in the circumstances established by the law.

Article 133. The organization and the activity of the Supreme Judicial Council, of the courts, the prosecution and the investigation, the status of the justices, prosecutors and investigating magistrates, the conditions and the procedure for the appointment and dismissal of justices, court assessors, prosecutors and investigating magistrates and the materialization of their liability shall be established by a law.

Article 134. (1) The bar shall be free, independent and autonomous. It shall assist citizens and legal entities in the defense of their rights and legitimate interests. The organization and forms of activity of the bar shall be established by a law.

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