UNELE ASPECTE TEORETICE PRIVIND INDEPENDENȚA ȘI INAMOVIBILITATEA JUDECĂTORILOR CURȚII CONSTITUȚIONALE

In this study, the authors present a commentary of Article 145 of the Constitution, referring to the independence and the irremovability of the judges of the Constitutional Court. It is presented, in detail, the normative will of the Constituent Assembly on the status of the constitutional judges, the content of their independence and the irremovability which was conferred to them by the constitutional text. The judges of the Constitutional Court have at their disposal a legal framework, of constitutional rank, which guarantees their independence and irremovability and which, at the same time, imposes restrictions of professional nature. Within the same study, the authors also present the problems of the disciplinary and criminal liability of the constitutional judges, as well as the legal regime of immunity which they enjoy, according to the Law No 47/1992 on the organization and functioning of the Constitutional Court.