CHAPTER VII
Assistant-magistrates of the High Court of Cassation and Justice
ART. 47
Within the High Court of Cassation and Justice, a body of assistant-magistrates operates and consists of the prime-assistant magistrate, chief-assistant magistrates, and assistant-magistrates and is established by the statue of the positions.
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ART. 48
(1) The appointment of assistant-magistrates in sections, in the panels for the settlement of the reviews for the uniform interpretation of the law, the panels for solving matters of law and the panels of 5 judges, as well as other compartments shall be made by the President of the High Court of Cassation and Justice.
(2) The prime-assistant magistrate, a chief-assistant magistrate and the assistant-magistrates appointed for the settlement of the review for the uniform interpretation of the law, the panels for the resolution of matters of law and the panels of 5 judges, constitute a specialized compartment, provided in the organizational chart, that operates under the subordination of the High Court of Cassation and Justice and ensures the participation of the Joint Sections in the judgement sessions, the panels for the settlement of the review for the uniform interpretation of the law, the panels for the resolution of matters of law and the panels of 5 judges, according to the law and this regulation.
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ART. 49
(1) The prime-assistant magistrate is subordinate to the President and is coordinated by the Vice-President of the High Court of Cassation and Justice.
(2) The prime-assistant magistrate has the following duties:
a) coordinates the activity of the assistant-magistrates of the sections, by the chief-assistant magistrates within the sections, of the assistant-magistrates appointed in the panels for reviewing the uniform interpretation of the law, and the panels of 5 judges, of the staff appointed to the Joint Sections and of the staff of the Chancery of the High Court of Cassation and Justice;
b) takes part in the sessions of the Joint Sections, the panel for reviewing the uniform interpretation of the law, according to the designation, and of the panel of 5 judges, as a disciplinary court, according to the designation and draws up all the documents and preparatory works, as well as the ones subsequent to the meetings they participate in, either directly or through the established staff;
c) draws up the decisions distributed by the president of the 5 judge panel, the panel for reviewing the uniform interpretation of the law and the Joint Sections, where he/she participates;
d) provides for the secretary of the Managing College of the High Court of Cassation and Justice;
e) provides for, directly or by the staff appointed in the Joint Sections, designated for this purpose, the drawing up of works regarding the transfer of the summons provided by Art. 9^1, para. (3), to the Judicial Inspection, according to the provisions of the President of the High Court of Cassation and Justice, as well as the record of the writs of summons.
f) provides for and coordinates the centralization of statistical data and of any other data on the High Court of Cassation and Justice level and coordinates the elaborations of the review works regarding the activity of the High Court of Cassation on and Justice, ordered by the President of the High Court of Cassation and Justice;
g) drafts any other works ordered by the President and Vice-President of the High Court of Cassation and Justice.
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ART. 50
(1) The chief-assistant magistrates within the section of the High Court of Cassation and Justice are hierarchically subordinate to the section presidents.
(2) The chief-assistant magistrates within the sections have the following duties:
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a) participation in the judgment sittings and, in case they are appointed for this purpose, in the judgment sittings of the panel of 5 judges, typing the decisions distributed by the President of the panel;
b) scheduling the participation of the assistant-magistrates and the instance clerks in the judgment sittings;
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c) coordination and follow-up of the keeping of the section records in good conditions and the timely execution of all tasks;
d) controlling and managing the activity of the assistant-magistrates of the section;
e) controlling and managing the activity of the clerks and of the other categories of staff within the section;
f) coordination of the activity of statistical data collection regarding the section activity and the drafting of the works requested regarding such data;
g) keeping up the legal documents of the section.
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(3) The provisions of para. (2) shall appropriately apply to the chief-assistant magistrate provided by Art. 48, para. (2)
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ART. 51
(1) The assistant-magistrates within the sections of the High Court of Cassation and Justice participate in the judgment sittings of the sections and fulfill any other duties assigned by the President of the High Court of Cassation and Justice, the Vice-Presidents or by the section President.
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(2) The assistants-magistrates appointed in the panels for the settlement of the reviews for the uniform application of the law, the panels for the resolution of matter of law and the panels of 5 judges participate, according to the designation, in the judgement sittings of the panel for the settlement of reviewing the uniform interpretation of the law, the panel for the resolution of matters of law and the panel of 5 judges and order the communication of the procedural acts provided by Art. 520 of the Civil Procedure Code and by Art. 476of the Criminal Procedure Code.
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(3) The assistant-magistrates that participate in the judgment sittings have the following duties:
a) adopting measures for the carrying out of all the tasks necessary for the successful performance of the judgment sittings, by the instance and archive clerk, based on the orders of the President of the panel.
b) managing the activity of the instance clerk;
c) drafting the report over the admissibility in principle of the review, under the provisions of Art. 493, para. (2) of the Civil Procedure Code, according to the designations of the president of the panel, in the case of the assistant-magistrates of the First Civil Section, and the Administrative and Tax Section;
d) ordering the communication of the report by the instance clerks, in compliance with Art. 493, para. (4) of the Civil Procedure Code, in the case of the assistant-magistrates of the First Civil Section, the Second Civil Section, and the Administrative and Tax Section;
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d^1) drafting the report regarding the cassation second appeal summons, provided by Art. 493, para. (5) of the Criminal Procedure Code, in compliance with the designation, in the case of the assistant-magistrates of the Criminal Section;
d^2) checking the fulfillment of the communication procedure within the cassation second appeal, according to the designation, and, if they decide that the communication procedure is not fulfilled or it's incomplete, they carry out the communication procedure to fulfillment or completion, as the case may be, by ordering the performance of the communications by the court clerk, according to Art. 493, para. (5) of the Criminal Procedure Code, in the case of the assistant-magistrates of the Criminal Section.
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e) after opening the debates, announcing the cases in the order established by the President of the panel, call the roll of the parties and the other summoned persons, reporting on the manner in which the summoning procedure was conducted and over the fulfilment of the other decided measure, briefly referring, on the subject of the case and the state of the judgement;
f) recording for each file the verbal statements of each party and the Prosecutor, as well as the measures decided by the court;
g) under the guidance of the President of the panel, ensuring, for deliberation, the consultation of the required normative acts and the information regarding case law and doctrine;
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h) typing the conclusions, aside from the conclusions of the meeting;
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i) participating with a consultative vote on the debates;
j) signing the minutes of meeting, in the case of the assistant-magistrates of the First Civil Section, Second Civil Section, Administrative and Tax Section, the panels of 5 judges in the civil matters, the panels for the settlement of reviews for the uniform interpretation of the law in the civil matter and the panels for solving law matters;
k) ordering the communication by the instance court clerk of the decisions provided in Art. 493, para. (5) and (6) of the Civil Procedure Code, in the case of the assistant-magistrates of the First Civil Section, Second Civil Section, and the Administrative and Tax Section;
l) recoding in the section record the important or the principle resolutions and their legal basis, in compliance with the designation of the President of the panel;
m) drafting the decisions, in compliance with the appointments of the president of the president of the panel, observing the legal terms;
n) coordinating and checking the drafting of the procedure documents, drawn up by the instance court clerk;
o) verifying the records in the information system and ensuring the elimination of the established deficiencies.
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ART. 52
(1) The cases and the list of the pending cases shall be presented to the assistant-magistrate by the instance court clerk, within at least 10 days prior to the date established for the trial term, for the verification of the pending cases of the judgment sessions they are scheduled to participate in.
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(2) The lists shall be drafted observing the provisions of Art. 215of the Civil Procedure Code or, as the case may be, of Art. 361of the Criminal Procedure Code.
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(3) The assistant-magistrate ensures the following:
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a) the transfer, by the instance court clerk, of the lists of pending cases, to the judges who form the panel and the prosecution, as soon as these are verified;
b) *** Repealed
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c) the filling of the session log at least 24 hours before the judgment session date.
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ART. 53
The instance court clerk who takes the files for the judgment session shall return the postponed cases to the archive, under signature.
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ART. 54
The assistant-magistrates shall wear black gowns, during the judgment sessions.
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ART. 55 *** Repealed
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CHAPTER VII^1
Court clerks of the High Court of Cassation and Justice
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ART. 55^1
A body of court clerks operates within the High Court of Cassation and Justice, consisting of the prime court clerks and court clerks, established by the title list.
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ART. 55^1
(1) The appointment of the court clerks in section, in the Joint Sections, in the panels for the settlement of reviewing for the uniform interpretation of the law, the panels for the resolution of matters of law and the panels of 5 judges, as well as other compartments shall be made by the President of High Court of Cassation and Justice.
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ART. 55^1
The prime court clerks and the court clerks shall exercise their duties established by the job descriptions, according to the law and this regulation.
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ART. 55^1
(1) The instance court clerks have the following duties:
1. prior to the judgment sessions:
a) take the files with the terms of the trials in the sessions they were scheduled in and present them to the assistant-magistrate, within at least 10 days prior to the date established for the judgment term;
b) calculate, under the guidance of the assistant-magistrate, the stamp duty and the judicial stamp;
c) carry out the communications regarding the preparation of the second appeal file, based on the orders of the panel, under the guidance of the assistant-magistrate, in the case of the court clerks of the First Civil Section, Second Civil Section and the Administrative and Tax Section,
a) draft the summons;
e) check the compliance of the summoning procedure fulfilment, the submission of the proof of payment of the stamp duty payment and the judicial stamp, the carrying out of the communications of the procedural acts and recording the result of the verifications in the contents of the session list that they hand over to the assistant magistrate, within at least 10 days prior to the date established for the trial term.
f) ensure the attachment to the case file of the summoning proof of the parties by the archive, and the fulfillment of communication of the documents, correspondence, written submissions, written notes, and any other writings;
g) draft the list of pending cases;
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h) ensure the display of the list of cases on the courtroom door at least one hour before the commencement of the judgement sitting, in the case of the First Civil Section, Second Civil Section and the Administrative, and Tax Section and ensures the display of the case list with 24 hours before the trial term, in the case of Criminal Section clerks.
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i) carry out the works required for the successful conducting the judgment sitting, under the guidance of the assistant-magistrate:
j) communicate the reports, in compliance with Art. 439,para. (4) of the Civil Procedure Code, based on the order of the assistant-magistrate, in the case of the court clerks of the First Civil Section, Second Civil Section, and the Administrative and Tax Section.
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j^1) carry out the communications decided by the assistant-magistrate, in compliance with Art. 439, para. (3) of the Criminal Procedure Code, in the case of Criminal Section clerks;
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k) check the operational status of the IT system, as well as the courtroom recording equipment, and, if irregularities are found, inform the assistant-magistrate immediately and notify the specialized department, to eliminate the found deficiencies in a timely manner;
2. during the judgment sessions:
a) receive the writing submitted during the judgment meeting, ensure their consultation and attach them to the case file;
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b) record the required data for the drafting of the session conclusion in the court clerk book, numbered and signed, for each file;
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c) conduct all operations of using the electronic recording means of the judgment sitting;
3. after the judgment sittings:
a) during the day following the judgment sitting:
(i) register the decision rendered in the ECRIS software in full, in the case of the files where the judgment was final, as well as the terms and the measures decided by the court by the conclusion, in the case of the files where the decision was not final, in compliance with the minutes of the decisions;
(ii) print the session record that he/she signs for conformity and present it, for the purposes of verification and signature to the assistant-magistrate;
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b) draft the conclusions of the sitting;
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c) carry out the communication of the procedural acts, according to the law;
k) communicate the decisions provided by Art. 493,para. (5) and (6) of the Civil Procedure Code, based on the order of the assistant-magistrate, in the case of the First Civil Section, Second Civil Section, and the Administrative and Tax Section;
e) entering the rendered decisions in the ERICS software, following the signing and the electronic transmission by the typist.
(2) The instance court clerks of the courts draft the correspondence regarding the files, under the guidance of the assistant-magistrate.