Răspunderea disciplinară a magistraților.

Magistrates, judges and prosecutors, as the main actors on the legal scene, do not benefit from absolute immunity, therefore they can be held legally liable, which wears the five forms, respectively: criminal, civil, moral, contraventional and disciplinary. To avoid this, magistrates must demonstrate good faith and responsibility, both professionally and personally. In the paper, special emphasis is placed on disciplinary liability, indicating what constitutes disciplinary misconduct, what is its structure and what are disciplinary violations, as well as disciplinary sanctions with the addition of examples from the practice of the two sections of the Superior Council of Magistracy, as a disciplinary court, as well as the panel of 5 judges of the ÎCCJ, as an appeals court. At the end, the disciplinary process is presented, indicating the stages that must be completed in order to bring the magistrate judge or prosecutor to disciplinary responsibility. In the paper, I proposed by law ferenda, the addition within article 271 of Law no. 303/2022 regarding the status of judges and prosecutors of the disciplinary offense of noncompliance with the decisions of the Constitutional Court or the decisions issued by the ÎCCJ, in the resolution of appeals in the interest of the law and in the prior resolution of some legal issues; because there is an extremely high risk that the magistrates will not give importance to these decisions, since their non-compliance is no longer provided as a disciplinary offence. [ABSTRACT FROM AUTHOR]