Observations regarding the decision no.53 of the 25th of January 2011 of the Constitutional Court respective to the Senate’s decision to validate magistrates elected as members of the Superior Council of Magistrates

Abstract

In this paper we present the decision no.53/25th of January 2011 of the Constitutional Court of Romania decision regarding the Senate decision no.43 of the 22nd of December 2010 to validate magistrates elected as members of the Superior Council of Magistrates.The analysis is centered both on the majority’s opinion and the separate opinion formulated in the case. Both opinions have views we believe to be pertinent and compatible to legal doctrine and precedents of the constitutional court. The absolute originality and freshness resides in the analysis of the recent modification of the organisation law of the court, with no concrete points of view so far to argument exhaustively on the matter of interpreting and solving this type of complaint to the Constitutional Court