# Part II, Title IV: Judiciary
**Articles: 101-113**

## Core Idea
Judicial power is exercised by the judiciary, which is independent and subject only to the law. The Constitutional Court guarantees the supremacy of the Constitution and protects constitutional rights, while the ordinary judiciary administers justice in civil, criminal, and administrative matters.

## Frameworks Introduced

### Judicial Independence
- **Independence and Impartiality**: Judges are subject only to the law (Art. 101). No interference from other powers allowed.
- **Irremovability**: Judges cannot be removed from office (Art. 107)

### Judicial Organization
- **Ordinary Judiciary**: Judges for civil, criminal, and administrative matters, organized in hierarchy with Supreme Court of Cassation at top
- **Administrative Judiciary**: Specialized courts for disputes between citizens and public administration
- **Accounting Judiciary**: Court of Accounts for public finance matters
- **Military Judiciary**: Military courts only in times of war
- **Constitutional Court**: Special court outside ordinary judiciary for constitutional matters

### Self-Governance
- **Supreme Council of the Judiciary (CSM)**: Governing body of ordinary judiciary, composed of elected judges and members from Parliament and law professors (Art. 104-107)
- **Disciplinary Powers**: CSM has authority over judges' careers, assignments, and discipline

## Key Concepts
- **Unity of Jurisdiction**: Principle that all judges are part of a single judicial system
- **Judicial Guarantees**: Judges enjoy immunities and protections to ensure independence
- **Public Prosecutor's Office**: Autonomous body within judiciary that promotes justice
- **Lay Judges**: In certain courts, citizens may participate as lay judges alongside professional judges
- **Special Jurisdictions**: Exceptional courts allowed only for specific matters determined by constitutional laws

### Constitutional Court
- **Composition**: 15 judges — 5 appointed by President, 5 by Parliament (3 by Chamber, 2 by Senate), 5 by Supreme judicial bodies (Art. 135)
- **Term**: 9 years, judges cannot be re-appointed
- **Jurisdiction**: Judges constitutionality of laws and acts with force of law; resolves conflicts of attribution between powers of State; judges on accusations against President
- **Access**: Can be accessed by State, Regions, or any person claiming violation of constitutional rights

## Mental Models
- Use **judicial independence as democracy safeguard** — protects citizens from executive/legislative abuse
- Think of **CSM as judicial self-government** — judges regulate their own profession
- Apply **constitutional supremacy** — all laws must conform to Constitution as interpreted by Constitutional Court

## Anti-patterns
- **Political interference**: Any pressure on judges or CSM violates independence
- **Special courts proliferation**: Creating exceptional jurisdictions without constitutional basis
- **Ignoring constitutional review**: Public powers must respect Constitutional Court rulings

## Key Takeaways
1. Judiciary is independent and subject only to law
2. CSM ensures judicial self-government and autonomy
3. Constitutional Court is guardian of constitutional supremacy
4. Judges enjoy irremovability and other guarantees of independence
5. Special jurisdictions are exceptional and constitutionally limited

## Connects To
- **Fundamental Principles**: Judicial independence protects constitutional values
- **Title VI**: Constitutional Court is part of constitutional guarantees
- **Part I**: Judiciary protects fundamental rights