(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.
(2) Specialized courts may be set up by virtue of a law.
(3) There shall be no extraordinary courts.
(2) Citizens and legal entities shall be free to contest any administrative act which affects them, except those listed expressly by the laws.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.