The bill was adopted by the Parliament on December 15 and was challenged at the Constitutional Court by opposition social democrats five days later.
The High Council of Magistrates (CSM) also called on the High Court of Justice in December to notify the Constitutional Court regarding the new law, arguing that it threatens the independence of judges.
The Court ruled the bill constitutional on January 11, 2011. The CSM decided the following day to ask the president to send the law back to Parliament so debates will be resumed considering the standpoint of the judicial system.
According to the new law, the Judicial Inspection will act independently and will be tasked with checking magistrates’ activity. It will be headed by a chief inspector appointed by the CSM to a three-year term.
The law widens the scope of disciplinary actions.
Failing to observe the decisions ruled by the Constitutional Court and the High Court of Justice, negligence, violating legal provisions regarding incompatibilities are some of the disciplinary breaches stated by the act.
The law states the following disciplinary actions to be taken against judges and prosecutors considering the seriousness of their offence: warning, the reduction by up to 20% of their monthly gross pay for up to six months, disciplinary transfer for up to one year, temporary suspension or exclusion form magistracy.
Disciplinary actions will be taken by the Judicial Inspection, the Justice minister or the president of the High Court of Justice.