Statut U.C.C.J.R. - engleza
The Colleges of Judicial Counselors in Romania
Statute
March 6, 2004
Of the position of judicial counselor
Published in the 'Monitorul Oficial', Part 1 nr.684 from July, 29, 2004
The document has been valid since July 29, 2004
Under the Law nr.514/2003 regarding organizing and practicing the profession of judicial counselor, issued in ‘Monitorul Oficial' of Romania Part 1,nr.867 from December, 5, 2003,of judicial regulations art.9, 40, 41 and 45 of the Constitutional Law reissued,
The Extraordinary Congress of the Counsel of Judicial Counselors in Romania adopts the present statute.
I. GENERAL PROVISIONS
Art.1-The profession of judicial counselor is part of the judicial professions, organized as a professional body and practiced in conformity with the Law nr.514/2003 regarding the organizing and practicing the profession of judicial counselor and the provisions of the present statute.
Art.2-The profession of judicial counselor is independent and organized independently being practiced within the Romanian justice frame.
Art.3-The profession of judicial counselor is practiced in person by the judicial counselor subscribed in the Professional List of Judicial Counselors seniors or juniors, in present named The List kept by the College of the Judicial Counselors of Romania.
Art.4-The judicial counselor, in practicing this profession complies only with Constitution, law, the professional code, and the present statute.
Art.5-In practicing this profession and related to it, the judicial counselor is independent professionally and may be put under no limit or strain, being protected by the law against them.
Art.6-The judicial counselor ensures the defense of the rights and legal interests of the state, of the central and local authorities, of the public and public interest institutions, of other judicial persons of public law, as well as of other judicial persons and other interested in conformity with the Constitution and national laws
Art.7-The professional relationship between the judicial person and the beneficiary of his/her services is based on honesty, integrity, correctness, confidentiality, and the independence of the professional opinions.
Art.8-In his/hers activity, the judicial counselor ensures:
- Legal advice, assistance, and representing authority, public institution or the judicial person on behalf the profession is practiced, defends the rights and the legal interests of them in relationship with the public authorities, institutions of all kinds, as well as with any judicial or civil person either resident or alien.
- Decides and contra signs judicial documents within the provisions of the law.
Art.9-The activity of judicial counselor is considered seniority in judicial service in the positions of magistrate, lawyer, and notary or in other judicial positions, in accordance with the specific legal provisions.
II. THE JUDICIAL COUNSELOR
1. The carrying out of the profession
Art.10 - a) The professional activity of the judicial counselor consists of:
- Legal advice and judicial requests in all legal areas;
- Writes of legal opinions regarding to legal aspects of its activity;
- Writes of legal contract drafts as well as negotiating the contract clauses;
- Assistance, legal advice, and judicial representation of the judicial persons and other persons interested;
- Writes of judicial documents, the attestation of the identity of the parts, of consent, of the content and of the date of settlements, which concern the judicial person on behalf the judicial counselor acts;
- Approving and contra signing judicial documents;
- Verifying the legal status of judicial and administrative documents received for approval
- Signing, at management request, within representation, the judicial and administrative documents issued by the judicial person or by the public represented institution;
b) 1. The signature and the professional stamp will accompany the approval for legal compliance and conformity;
2. The individual professional stamp must include the following elements:
- The name 'THE COLLEGE OF JUDICIAL COUNSELORS' (area-county);
- The stamp 'THE COLLEGE OF JUDICIAL COUNSELORS' (area-county);
- The name and surname of the judicial counselor, accompanied by mention P (probationer) or A (appointed), on case;
- The sole identification code of 2+4(four) figures, allocated in queue to enrolling to the List, which code may not be reallocated (the first two figures represent the county);
c) In case the judicial act under approval does not comply to the law, the judicial counselor will do a disapproval report to point out its unconformity with the legal norms, aiming at the re-writing of the act;
d) The judicial counselor, whatever the way of practicing, subordinates to the judicial person on behalf he/she works only from an administrative viewpoint;
Art.11. - The right to a professional viewpoint of the judicial counselor is guaranteed.
Art.12. - The judicial counselor may represent his/her relatives, of his wife or husband, by the IV grade included, free of charge, in justice;
Art.13. - a) In practicing the profession and in connection to it, the judicial counselor must keep the professional secret regarding the clause entrusted, excluding the cases under the provisions of the law.
b) For the activity done, the judicial counselor has the right to be paid in conformity with the written provisions of the judicial report on which the profession is based.
c) With the purpose of ensuring the professional secret, the professional acts and works in possession of the judicial counselor or at the place of practicing the profession are inviolable. Only the proxy, under a warrant issued in conformity with the law, may make the search of the judicial counselor, of his/her residence or office. The phone calls made by the judicial counselor may not be listened to or taped, by no technical means, the same with the professional mail, excepting the conditions and the proceeding abode by the law.
2. Achieving the judicial counselor status
A. Joining the profession
Art.14. - The person meeting the following requirements may be a judicial counselor:
a) He/she is a Romanian citizen resident in Romania;
b) Has the experience of civil and political rights;
c) He/she is a graduate from a Law Faculty;
d) He/she is able-bodied to practice this profession proved by a medical certificate issued in conformity with the law;
e) He/she is not in one of the cases of unworthy abode by the Law nr.514/2003.
Art.15. - Joining the profession of judicial counselor is done individually, on the grounds of an application for the College of Judicial Counselors in the resident area, abiding to the regulations and the status of each area college.
Art.16. - (1) Enclosed to the application for the profession of judicial counselor there are the documents certifying the compliance to the requirements of the articles nr.8,9 and 10 of Law nr.514/2003, as following : copies of the identity card, civil status, birth certificate, legalized copy of education degree, criminal and medical record, two color pictures for the ‘Identification Card of Judicial Counselor' and a declaration on own' s behalf that he/she meets the legal requirements for joining and practicing the profession of judicial counselor and that he/she is not enrolled in other college or professional association of judicial counselors.
(2) The district College checks the meeting of general and special requirements abode by the law and the professional status and approve the joining in that college.
(3) After approving the application, the applicant will be given the decision of joining the profession, complying with its seniority in judicial activities.
(4) The taxes for joining the professional body will be established by each area college.
Art.17-At the admittance in the professional body, the judicial counselor sworn in the following oath:
‘In the name of Law, Honor and Truth
I swear
To respect the Constitution and the laws of the country, to practice my profession independently, with dignity and probity and keep the professional secret
So help me God!'
B. The professional dignity
Art.18-Unworthy to be a judicial counselor is the person that:
a) Was under a final conviction for committing a crime to the profession of judicial counselor;
b) When practicing the profession, the judicial counselor committed abuses violating man fundamental rights and liberties, established through irrevocable court rule;
c) It is declared unworthy by law for other causes.
C. Unworthy and worthy
Art.19. - Practicing the profession of judicial counselor in incompatible with:
a) The status of a lawyer;
b) The activities, which injure the dignity and independence of the profession of judicial counselor or the good manners;
c) Other authorized or paid professions;
d) The profession and activity of administrator or liquidator within the re-engineering proceedings or judicial liquidation;
e) The public paid activity;
f) Other incompatibilities abode by the law or resulted from
Art.20. - Practicing the profession of judicial counselor is compatible with:
a) The university teaching and research activity
b) The position of arbitrator, mediator or expert under the provisions of law and in compliance with the legal provisions regarding the competing interests;
c) The participating in committees of studies for drafts of legal regulations projects;
d) Any other professional activity which does not violate the incompatibility and unworthy situations
e) The quality of associate, shareholder, administrator, censor at any of the legal organization in compliance with the law
D. Special cumulative situations. The companies.
Art.21-The judicial person established by Law nr.31/1990 regarding the commercial companies, re-issued, consisted in one or many judicial counselors enrolled to the List kept by area colleges, has a professional company status. In conformity with the professional norms and ethics and with the present statute, these professional companies cannot operate without a formal agreement given by the resident area college to formally verify the following:
- The quality of judicial counselor, in conformity with the law and the statute of the profession, of the sole associate /associates/shareholders;
- A sole object of activity, judicial activities (legal advice and judicial representation, without other activities specific to other judicial professions) CAEN code 7411.As a following of obtaining the judicial personality and obtaining the operation authorizations, of the approval of the College, the professional company due to it, must be registered at special means, at Professional Companies, in the List of Area Colleges.
Any alteration brought to the constitutive acts of these companies will have to be notified to resident area colleges.
E. The proof of the quality of judicial counselor, in conformity with the law and the professional statute of the sole associate/associates/shareholders;
- A sole object of activity, judicial activities (legal advisors
Art22. - (1) The statute of judicial counselor entitled to practice the profession is proved with the ‘Judicial counselor identity card ‘ and the badge, issued by each college to the judicial counselor enrolled to the list of the College.
(2) The judicial acts drawn up and contra-signed by the judicial counselor will bear his/her stamp and those approved.
(3) The model of the judicial counselor identification card, with the marks of the professional body, the badge and the stamp for legally approved are adopted by the Colleges of Judicial Counselors in Romania.
F. Professional probation period.
Art23. - At the early practice years, the judicial counselor must do a probation service, being a counselor on probation.
(2) The scope of service on probation, which is before appointing counselor, is to ensure professional training in early service years.
(3) The probation service is a must and effective.
(4) During the probation service, the judicial counselor will bear the status of a judicial counselor on probation.
(5) The probation time is of 2 years. The area counselor committee, only in special cases, and after checking the report done by the Chief of Professional Counseling Office, both with the tutor judicial counselor, and the judicial counselor forwarding the application to the college based on exceptional work record may approve a reduction of the probation period.
This reduction cannot exceed 6 months.
(6) The probation period done before the suspended period is included in service.
(7) The probation period done before the suspended date is considered.
(8) The administrative rights and duties of the judicial counselor on probation are stipulated in the judicial counselor rule of decision, being enacted with all the specific rights on probation.
(9) The judicial counselor on probation may forward conclusions in a judge's office, in court as a ground instance, at the criminal pursuit authorities, as well as at the other administrative jurisdictions.
(10) The tutor judicial counselor must forward to the Area Counsel College, at the end of the probation period, a record of activity of the probation judicial counselor.
(11) The probity of the judicial counselor
Only an appointed probity judicial counselor may act as a tutor.
(12) The appointing
After probation the probationer judicial counselor will give the graduation exam.
The graduation commission releases to the candidate ‘The Certificate of Graduation of the Final Exam' on the grounds of the counselor is to be enrolled in the List as ‘appointed'.
The fee for giving the final graduation exam is settled by each area college.
(13) The appointing to judicial counselor on seniority in other judicial positions.
The judicial counselor may be appointed thereafter at least 5 years seniority in the positions of lawyer, magistrate or appointed notary or other juridical positions with the provisions of the law.
(14) The relationship between the appointed judicial counselor tutor and the probationer counselor is of professional collaboration, on the grounds of a training writ.
The conditions of probation and appointing abide by the Law nr.514/2003 and will be included in the provisions of the Methodological Commission of the Union of Judicial Counsel Colleges of Romania. (U. J. C. C. R.)
G. Interdictions.
Art. 24. - (1) the judicial counselor may not assist or represent competing parts in court or in similar actions and may not plead against the part
(2) The judicial counselor may not be heard as a witness and is sealed by the part involved to provide any information on the case unless given an explicit and written permission of the part under the provisions of the law.
(3) The witness status is prior to that of judicial counselor, in views of the former facts and circumstances to the defendant of any part.
(4) After being heard as a witness, the judicial counselor may not interfere with the cause.
(5) The judicial counselor may not act as an expert or translator in court.
3. The practice of the profession
Art.25 - With the scope to ensure, guarantee and protect the unrestricted right to work complying with the art.3 of Law nr.53/2003-Work Code and art.41 and 45 from Constitution, reissued, the juridical counselor may choose from any of the forms abode by law and the statute of the profession, complying with the provisions of the law referring to the compatibility and incompatibility in practicing it.
Art.26 - (1) The judicial counselor is unrestricted t0 change in any moment his choice of profession.
(2) The appointed or probationer judicial counselor, in order to practice must enroll to the Area College List.
(3) The judicial counselor must notify the area college management of any intention to change his profession choice.
Art.27. - The annual List
(1) The area college must write the annual List mentioning the name and surname, the sole registering code, the professional status - probationer or appointed as well as the practice status - excluded or suspended.
(2) Under the area college concern the annual List and its modifications are notified to U. J. C. C. R. and the institutions abode by the law.
Art.28. - (1) the area counsel college issues rules of decision in the List of incompatible judicial counsels at request or formally and re- enrolling on the List is at application therein after the cease of incompatibility.
(2) The re - enrolling fees are established by the area college counsel.
Art.29. - (1) The probationer judicial counsels at enacting law number 514/2003 regardless their juridical seniority is enrolled in the List as appointed.
(2) The judicial counsels unable to prove their probation former to enacting law number 514/2003 are enrolled as probationers.
(3) The graduate of a law faculty applying for enrolling as a judicial counsel having seniority in other juridical professions for at least five years will be enrolled as appointed.
Art.30. - Ceasing the status of judicial counsel
(1) Ceasing practicing the professional judicial counsel applies as following:
a. Through application to cease practicing the profession
b. By death
c. In the case of exclusion
(2) In all the situations of ceasing to practice the professional judicial counsel he/she may not use the judicial counsel card the batch the stamps and the robe.
Art.31. - The cease of practicing the profession of judicial counselor
(1) Practicing the profession of judicial counsel in suspended in the following situation:
a. In case of incompatibility
b. On a restricted period by court rule or discipline
c. In case of fees and professional expenditures unpaid for three month since their due and their full liquidation.
d. Under the circumstances when the judicial counselor does other juridical jobs or paid profession.
(2) In all the bans of practicing the profession of judicial counsel mentioned at the previous headline, the specific mentions will be made in the List.
Art.32-The transfer
(1) The judicial counselor who applies for transfer in another college of unjustified reasons will notify both the college where enlisted and the college to follow.
(2) The transfer application must enclose both the founding documents and a certificate issued by the college applying for transfer, certificate issued after registering the transfer application, to ascertain that the applicant has not been excluded, has not become unworthy and, incompatible, Is not under criminal or disciplinary law suite, and paid all the professional taxes and fees to the college.
(3) The College Board applying for transfer will approve the request to be forwarded along with the enrolling file to the college where the transfer is requested.
Art.33. (1) The college-board to transfer from will approve the application on the grounds of the report drawn up by a deputy counselor who will check both the enrolling file in profession of the applicant forwarded by the college addressee and the certificate mentioned in the previous article, and will approve enrolling to the List accordingly and will issue the decision of enrolling in the List, the identification card, the badge and the stamps.
(2) The college -board to transfer from will decide the releasing of the judicial counselor transferred off the List held by that college.
Art.34. -The judicial counselor transferred must deliver to the college to transfer from the identification card, the badge and the stamps.
III. The rights and duties of judicial counselors
Art.35. The rights of the judicial counselor
(1). The judicial counselor is entitled to be enrolled to the List, to practice, to be granted legal advice, to write, to contra sign, to approve legal documents, to assist and represent any institution, public authority, juridical person or civil interested in law, complying with the provisions of Law no. 514/2003 and the present statute.
(2). The probationer judicial counselor may forward conclusions to instance and courts, as legal grounds at the criminal pursuit authorities, as well as all legal and administrative bodies.
(3). The appointed judicial counselor may forward conclusions to courts of all ranks, at the criminal pursuit authorities, as well as to other legal and administrative bodies.
Art.36. - The judicial counselors are entitled to be appointed or appoint in the leading positions in colleges or UJCCR complying with the provisions of the statutes of these professional organizations.
Art.37. - With the scope of sealing the professional secret, the documents and professional works in the possession of the judicial counselor, at his/her residence or at the work place are kept.
Art.38. - The relationship between the judicial counselor and the legal person assisted or endorsed may not be restricted or controlled.
Art.39. - The judicial counselor may not respond legally, materially, administratively or disciplinary for the forward or writs in the court or other authorities if the later are related to the defense and necessary to the cause.
Art.40. - The duties of the judicial counselor
(1) The judicial counselor defends the rights and legitimate interests of the institution, the judicial person authority or civil represented, provides legal advice and judicial representation, approves and contra signs legal documents issued by himself.
(2) The judicial counselor gives legal advice, his opinion being consultative.
The judicial counselor viewpoint is agreeable with the provisions of the law and his professional credo.
The judicial counselor relationship both with the legal leading staff and other persons is unrestricted.
The judicial counselor viewpoint on the legal aspects of a situation may not be changed or modified by any other person, the judicial counselor maintaining his initial legal point of view, whatever the circumstances.
In practice, the judicial counselor may not be under pressure from the work legal person as well as from any other public or private legal person.
The judicial counselor in practice abides only to constitution, the law, the professional statute and the professional ethics rules.
(3) - The judicial counselor will approve and sign juridical document, approvals or disapprovals, as well as his/her signature refer only to juridical aspect of that document.
The judicial counselor may not decide over the economic, technical or various aspects of the approved signed document.
The judicial counselors must comply with the formal climate of the court and not use bad language in front of the judge or other judicial counselors, lawyers and parts involved.
Art.41. - The judicial counselors must examine thoroughly the causes they assist or represent for the institutions, authorities or civil, to meet the deadlines with the courts or criminal pursuit authorities, to show professional probity to plead with dignity in front of the judge and the parts in the process to forward conclusions or minutes whenever they consider necessary or the instance decides accordingly.
Art.42 - (1) The judicial counselors must attend the meetings held by the College Board, the professional activities and the meetings of the leading stuff.
(2) - Repeated unjustified absence constitutes an infraction of discipline.
Art.43 - (1) The judicial counselors must keep the legal records and those required by the professional regulations adopted by the U.J.C.C.R. board regarding the causes they assist or represent, to approve the legal documents and pay the fees and contributions established for the budget of the college and U.J.C.C.R.
(2) - At enrolling or re-enrolling in the college each judicial counselor will pay a fee established by U.J.C.C.R board which is an income both at the district college and U.J.C.C.R.
Art.44. - The judicial counselors must give back the documents enclosed to the institutions, authorities or civil persons.
Art.45. - (1) The must to keep the professional secret complying with the provision of art.16 of Law no.514/2003 is absolute and limited in time, complying with the secret clause.
(2) - The judicial counselor may not be forced to divulge the professional secret.
(3) - The same obligation is for the leading stuff of district colleges and their employees regarding the information they hold in their positions.
Art.46. - (1) In 90 days from the issuing of present statute the judicial counselor must wear robe in all courts.
(2) Characteristics of robes are identical with those of lawyers; they differ only by the combination of black and golden yellow.
(3) The wear of robe off instance is forbidden.
Art.47. - The records of the activity of the judicial counselor.
(1) The judicial counselor complying with the provisions referring to the legal person activity and the layman keeps the records of activity, the acts and documents.
(2) The judicial counselor keeps record.
(3) The judicial counselor will keep record of the following activities despite the provisions of the legal person or the civil person:
- In and out judicial mail numbered and dated
- The record file regarding any claimed litigious situation
- The record file regarding written approvals - dated and numbered
- The record file of judicial counselor regarding the identity of the parts of the content and date of documents.
(4) At the cessation of the judicial relationships on the ground of practice for public or private judicial person, civil Romanian or alien, the judicial counselor will give all the documents and records.
(5) The delivering on numbered and dated minute of the previous documents exonerates the judicial counselor of any responsibility.
Art.48. - The judicial counselor responds for breaking the professional obligations in conformity with the law and the present statute.
Art.49. - The activity made by the judicial counselor aims at no result, but at means.
Art.50. - At the cessation of the judicial report, the judicial counselor will notify the college; if the judicial counselor does not notify and continues to practice he/she will respond in conformity with the provisions of the law. In this case at assessing the case, the college will give a disciplinary sanction to the judicial counselor, due to the importance of the situation. .
Art.51. - The judicial counselor enrolled in the college but unable to practice is considered suspended.
Art.52. - The judicial counselor public officer benefits from the provisions of the law for the public officers.
Art.53. - The protection of the professional, economic and social rights of the judicial counselor.
(1) - In conformity with art.No.23 of law 514/2003, the judicial counselor is protected by the law in his professional activity under the provisions of law 51/1995.For organizing and practicing the profession of lawyer reissued with the later modifications and supplements.
(2) - The search of the judicial counselor of his residence and work place may not be made without a warrant issued by the judge for the proxy.
Art.54. - Practicing the specific activities to judicial counseling: legal advice, assistance, legal representation, approval for legal representation and contra signing juridical acts by unauthorized persons is considered a criminal act.
Art.55. - (1) All judicial counsel associates, members of the district colleges, must attend professional activities, professional training service, conferences, symposiums, and any other events organized by the district colleges and U.J.C.C.R in conformity with their statues and regulations.
(2) The colleges and U.J.C.C.R must use all legal ways to an organized, consistent and specific professional practice.
(3) The unaccounted absence of the associated judicial counselor from training sessions or the inability to graduate from them represents an infraction of discipline, being sanctioned with suspended activity from a month to six month.
Art. 56. - The college and U.J.C.C.R may cooperate to make and promote the politics and strategies of professional training of the judicial counselor with the National Professional Adult Training of Counselors (N.P.A.T.C) established on the grounds of Law no.132/1999, re-issued.
Art.57. - (1) On the grounds of art.38, art.39, line (1) lit. g), art.188 line (1) lit. c), e), g), art.189 lit. a, c, e, f, art.190, art.193 of Law no.53/2003, with later modifications, corroborated with art.41 line 2 of Constitution, re-issued, the beneficiaries of the appointed or full-time counselors will commence the participation in both the professional training sessions and all the professional training specific to judicial counselors, through additional documents to the employment documents of the professional services or in the appointing documents, ensuring the payment of professional training costs.
(2) With the purpose of professional training of the full-time or appointed judicial counselors, the beneficiaries of the professional services will pay the costs to re-organize the profession with the occasion of en-rolling to the college, purchasing the robe, of the judicial counselor card, badge, professional stamps, as well as of the professional records.
(3) The judicial counselor expenses due to re-organizing the profession at former line, will be deducted from the authority or public institution or the judicial person beneficiary of the profession of judicial counselor.
Art.58. - (1) The authorities, institutions and judicial employers of the full-time judicial counselors must ensure special fit work places to ensure a good display of activities as well as a seal of confidentiality and professional secret.
(2) With the same purpose, to a good practice of the profession of judicial counselor, the former will ensure the necessary material, technical and office facilities as well as any other facilities needed to fulfill the professional service.
Art.59 - The district and local administrative authorities will ensure their support for providing the fit locations for operations to the professional organizations the colleges of judicial counselors and for ensuring the professional training of their members who practice a professional service of public interests.
Art.60. - (1) The judicial counselor is entitled to receive a basic payment established through negotiation for the judicial counselor employed or in conformity with the provisions of the law for the appointed judicial counselor.
(2) Apart from the basic payment established and considering the nature of work and the importance of professional social services on the grounds of art.25 and 26 of Law No.53/2003, with later modifications, the judicial counselor may negotiate extra-work in money representing the mobility and confidentiality clause.
(3) Within sixty days from enacting of the statute of judicial counselor the public authorities, the institutions and other public or private law judicial persons will operate the modifications provisioned by the present statute referring to the hiring, payment and establishing the statute, rights and obligations of judicial counselors who are appointed or hired.
IV. Organizing the profession of judicial counselor
A. Organizing and operating the College of Judicial Counselors.
Art.61. - (1) The district college is the professional organization created for all the judicial counselors associated in this type of activity in a district or in Bucharest, whatever their branch, activity field or work place ensuring the organizing and practicing the profession of judicial counselor thoroughly and defending the rights and legitimate interests of judicial counselors.
(2) District colleges are juridical persons of public interest and are located in the capital city.
(3) District College possesses their own patrimony and budget.
The college patrimony can be used in income venues under the provisions of common law.
(4) Each college establishes Contribution of the judicial counselors to their own budget.
(5) The district college operates on the grounds of own statute.
Art.62. - The managing authorities of district colleges are established in own statutes.
Art.63. - The tasks and responsibilities of the managing authorities of district colleges are established in own statutes.
Art.64. - Within each college there operates a general secretary and treasurer a commission of censors consisting of three to five members whose tasks are established by own operating regulations approved by the General College Assembly, on the grounds of the decisions of the U.J.C.C.R.
Art.65. - The district colleges set up after establishing U.J.C.C.R become members with plenary rights and equal obligations through association.
Art.66. - (1) The Deans of these colleges are members in U.J.C.C.R by right.
B. The U.J.C.C.R in Romania.
Art.67. - (1) The U.J.C.C.R consists of all the colleges of judicial counselors in Romania and comprises all the judicial counselors registered in their List, having the right to practice the profession of judicial counselor and aiming at organizing thoroughly the practice of judicial counseling in Romania.
(2) The U.J.C.C.R is a juridical person of public interest has own patrimony and budget.
(3) The U.J.C.C.R budget consists of the contributions of colleges in the established rates by the U.J.C.C.R Congress.
(4) The U.J.C.C.R patrimony can be used in own income venues activities under the provisions of common law.
Art.68. - (1) The managing bodies of U.J.C.C.R are:
a) The congress of Judicial Counselors Colleges in Romania;
b) The U.J.C.C.R Board;
c) The Executive Board;
d) The president;
e) The prim-vice president;
f) Vice presidents.
(2). The general structure of U.J.C.C.R consists of:
a) A general secretary;
b) The censor central commission;
c) The discipline central commission;
d) The methodological commission of organizing and practicing the profession of judicial counselor;
e) The technical and administrative body (staff).
Art.69. - (1) The Congress of the Judicial Counselors Colleges in Romania consists of one representative for each 100 judicial counselors at each college and the deans of the colleges.
(2) The Ordinary Congress holds annual meetings called by the U.J.C.C.R Board or by the U.J.C.C.R president.
(3) At the request of at least a third of the colleges' member, the U.J.C.C.R Board must call an extraordinary meeting of the Congress within maximum ten days from their request.
Art.70. - (1) The call of the extraordinary Congress is made at least one month before the set date, by written notification of the colleges and media announcement in a central paper.
(2) The counsel Boards must post the call date and the agenda of the meetings at the location of the college and the district courts.
(3) The district colleges must choose their deputies at least ten days before the congress.
(4) The congress is legally constituted when at least two-third of its members are presents and passes decisions with the vote of the majority of the present members.
(5) Each college has a vote in the congress of U.J.C.C.R.
Art.71. - The U.J.C.C.R congress has the competencies provisioned in the U.J.C.C.R statute.
Art.72 - (1) The U.J.C.C.R Board is constituted of the deans of the district colleges.
(2) The mandate of the U.J.C.C.R board members is of four years. When ceasing the mandate of one of them, the substitute carries out the difference of mandate. The substitute is appointed by the general assembly of the district college.
(3) The U.J.C.C.R board is called each term whenever necessary by the U.J.C.C.R president. The call is made at least ten days before the date of the meeting.
(4) At the request of at least one third of the number of the members of the board or in exceptional situations, the U.J.C.C.R president will call the board in extraordinary meeting in at least five days from the date of request or of the event.
(5) The U.J.C.C.R board works in the presents of at least two third of its members and passes applicable decisions with the vote the majority of the present members.
(6) Each district college is entitled with the single vote in the U.J.C.C.R board meetings.
Art.73. - The U.J.C.C.R board has tasks and competencies established by the U.J.C.C.R statute.
Art.74. - The U.J.C.C.R executive board consists of the president and the vice president as well as of the three vice presidents appointed by the U.J.C.C.R congress of it members of four years mandate. One of the vice presidents appointed at the proposal of the president carries out the position of the secretary executive board of the U.J.C.C.R.
Art.75. - The executive board has tasks and competencies established in the U.J.C.C.R statute.
Art.76. - The U.J.C.C.R president has the following tasks:
a) To represent the U.J.C.C.R in relationship with the civil and juridical persons homeland and abroad.
b) To sign conventions and contracts on behalf of the U.J.C.C.R authorized by the executive board of the U.J.C.C.R.
c) To run U.J.C.C.R board and executive meetings.
d) To pass for payment the budgetary and extra budgetary expenditures of the U.J.C.C.R.
e) To sign the documents at the board and the executive body.
Art.77. - The prim vice president of the U.J.C.C. R is the rightful substitute of the U.J.C.C.R president and has the following tasks:
a) To coordinate and organize the present activities of the professional and administrative departments of the U.J.C.C.R.
b) To supervise the relationships between the main structure of the profession and the district colleges as well as relationships between the later.
c) To support and help to the colleges in the relationships with the municipal and local authorities.
Art.78. - There are three vice presidents of the U.J.C.C.R and they substitute the president and replacing the prim vice president in his absence in the order given by the former.
Art.79. - The U.J.C.C.R vice president coordinates and leads the current activities of the colleges.
Art.80. - The general secretary of the U.J.C.C.R is appointed by the U.J.C.C.R congress and fulfills the tasks established by the executive board of the U.J.C.C.R. His mandate is of four years.
Art.81. - The main leading staff of judicial counselor consists of: the U.J.C.C.R executive body; the president; the prim vice president and the U.J.C.C.R vice presidents whose mandate is of four years and any titular representative maybe re-elected in the same position or in other position of the main leading staff.
Art.82. - (1) The main commission of censors of the U.J.C.C.R consists of three to five members appointed by the U.J.C.C.R congress for four years mandate. One of them is certified or an expert accountant.
(2) - The main commission censors must verify each term the economic and financial activities of the U.J.C.C.R and take the needed measures to a good managing of the U.J.C.C.R patrimony.
(3) - The main commission of censors operates on the grounds of the own regulations approved by the U.J.C.C.R congress.
Art.83. - (1) The main commission of discipline of U.J.C.C.R consists five to nine members appointed by the U.J.C.C.R congress for a four years mandate.
(2) - The members of the main commission discipline are chosen from the judicial counselors having an over ten years of seniority in juridical activities.
(3) - The main juridical commission of discipline of organizes keeps records and operates under the provisions of own regulations approved by the U.J.C.C.R congress.
Art.84. - The methodological commission of organizing and practicing the profession of judicial counselor consists of seven to nine members appointed by the U.J.C.C.R congress operate under own regulations approved by the U.J.C.C.R congress.
Art.85.The necessary participating expenditure of the U.J.C.C.R board members of the U.J.C.C.R executive board members and of the members of main commission of censors' discipline and methodological at their meetings is supported by each college.
V. FINAL PROVISIONS
Art.86. - The present statute will be applicable there to:
a) Within 30 days of enacting the present statute, the leading staff of colleges will forward to the U.J.C.C.R the necessary data and documents to record the appointed and provisional judicial counselors.
b) Within 45 days of the enacting of the statute, the U.J.C.C.R board and commission will pass the provisions notifying the district colleges.
c) The present statute will be published in the "Monitorul Oficial al Romaniei" first part to enact Law no.514/2003.
Art.87 - After republishing in the "Monitorul Oficial al Romaniei" first part of the present statute, the legal advice, drawing up, the legal notice and contra signing of legal documents, the assistance and judicial representing of institutions, public authorities and juridical persons will be accomplished by the judicial counselors en-rolled to the List.
Art.88. - The marks of the professional body the badge and judicial counselor card, the model stamp of the colleges and of the judicial counselors as well as the model of the judicial appointed representation are included in the annexes no.1 to 7*) comprised in the present statute.
The annexes no.1 -7 published in the "Monitorul Oficial al Romaniei" first part, together with the present statute.
*) The annexes no. 1-7 reproduced in facsimile.
Art.89. - The over due of payment deadlines of taxes and professional fees leads to an increased delay payment of 0, 5% of the amount to be paid for each day over due, which is compulsory.
Art.90. - The judicial counselor must prove his statute and identity with the document of "judicial counselor card" in front of all courts of any rank institutions, state authorities and other judicial counselors and lawyers involved, on the occasion of closing specific professional documents.
Art.91. - The conflicts of any kind between the judicial counselors or the judicial counselor, lawyers, judges or other public authorities are notified immediately in writing to the dean of the college of the judicial counselor involved deciding over the measures to be taken.
Art.92. - The present statute was adopted by the extraordinary congress of the judicial college counselor in Romania in 06 March 2004, by legal deputies and is enacted the starting with the adopting date, following to be published in a "Monitorul Oficial al Romaniei", first part.
The Annex no.1
Model
The Sigle
THE UNION OF THE JUDICIAL COUNSELORS COLLEGES OF ROMANIA
The Annex no.2
Model
THE UNION OF THE JUDICIAL COUNSELORS COLLEGES IN
ROMANIA
THE COLLEGE OF JUDICIAL COUNSELORS IN
BUCHAREST
MEMBER IDENTIFICATION CARD
The member identification card of the college of judicial counselors in Bucharest represents the document of identification in his position in professional practice and represents a way of identification along with the judicial counselor badge.
It is compulsory to show the identification card at the request of the person involved following the fulfillment of work duties.
The use of identification card off the purpose of issuing entails disciplinary sanctions.
THE UNION OF THE JUDICIAL COUNSELORS COLLEGES IN ROMANIA
THE COLLEGE OF JUDICIAL COUNSELORS IN BUCHAREST
Name:..................................
Surname:..............................
List Number: I_I _I _I _I _I _I _I _I
Date: Enrolling
to the List: I_I _I _I _I _I _I _I _I
General Secretary: Dean
THE JUDICIAL COUNSELORS COLLEGE IN BUCHAREST
The provisional judicial counselor
(May forward conclusions to courts criminal prosecution authorities and to other administrative with jurisdictional attributes authorities.)
Appointed judicial counselor
(May forward conclusions to courts of all ranks criminal prosecution authorities and to other administrative with jurisdictional attribute authorities)
THE JUDICIAL COUNSELORS COLLEGE IN BUCHAREST
SEMESTER VISAS
L.S.
Year I_I_I_I_I Year I_I_I_I_I
Semester 1 Semester 2
Year I_I_I_I_I Year I_I_I_I_I
Semester 1 Semester 2
THE JUDICIAL COUNSELORS COLLEGE IN BUCHAREST
SEMESTER VISAS
L.S.
Year I_I_I_I_I Year I_I_I_I_I
Semester 1 Semester 2
Year I_I_I_I_I Year I_I_I_I_I
Semester 1 Semester 2
THE JUDICIAL COUNSELORS COLLEGE IN BUCHAREST
The oath of the judicial counselor
IN THE NAME OF THE LAW, OF HONOR AND TRUTH,
I SWEAR
- To respect the Constitution and the laws of the country,
To practice my profession independently with dignity and probity and to seal the professional secret
So help me God!
....................................
The Annex no.3
THE COLLEGE OF JUDICIAL COUNSELORS
MANDATE
OF JUDICIAL REPRESENTATION
Mrs. / Mr. judicial counselor __________________ registered in the List of College of Judicial Counselors_______________ under no._______/______ is authorized by the (authority, institution, judicial person)_________________ under the provisions of art.4 of Law no.513/2003 to represent in front of ___________________ in file no.________/_______, to draw up and second the necessary defenses and forward oral or written conclusions in this clause.
Beneficiary The judicial counselor
....................................................................................................................................
THE COLLEGE OF JUDICIAL COUNSELORS
C.C.
MANDATE
OF JUDICIAL REPRESENTATION
C.C ___________________ through Mrs. / Mr. judicial counselor __________________ registered in the List of College of Judicial Counselors_______________ under no._______/______ is authorized by the on the grounds of the contract of carrying out judicial services no. in to mandate in front of
in file no. / , to draw up and support the necessary defenses and forward oral and written conclusions in this clause.
Beneficiary C.C.
....................................................................................................................................
THE COLLEGE OF JUDICIAL COUNSELORS
C.C.
MANDATE
OF JUDICIAL REPRESENTATION
(Substitution)
C.C ___________________registered in the special List of the Colleges of the Judicial Counselors __________ no._________ whereby Mrs./Mr. judicial counselor ___________________________ registered in the List of College of the Judicial Counselors______________ under no._______/_______, substitutes C.C._______________ authorized by the________________ under the provisions of the contract of carrying out judicial services no._________from________ to represent in front ___________in the file no.____/______,to draw up and second the necessary defenses and forward oral or written conclusions in this case.
C.C._______________ C.C.
(Titular) (Substitute)
The Annex no.4
Model
THE JUDICIAL COUNSELORS COLLEGES STAMP
The Annex no.5
Model
THE JUDICIAL COUNSELOR STAMP
THE UNION OF THE JUDICIAL
COUNSELORS COLLEGE IN ROMANIA
THE COLLEGE OF JUDICIAL COUNSELORS
The judicial counselor........................................................................................................
In conformity with the provisions of art.4 of Law no.514/2003 and art.10 of The Statute of judicial counselor profession I thereby confirm the date, identity of the parts and the content of the present document.
No. ...................... Date:................... Signature:.................................................................
The Annex no.6
Model
THE JUDICIAL COUNSELOR INDIVIDUAL STAMP
The Annex no.7
Model
THE JUDICIAL COUNSELOR BADGE