Of the 9 judges, three are appointed by the Chamber of Deputies, three by the Senate and three by the President of Romania.
The composition of the Court is renewed by one third of the number of judges every 3 years, each of the authorities competent to make appointments designating one judge. The implementation of this system of regular renewal was ensured, when the Court was set up, by the appointment of the first judges for periods of 3, 6 and 9 years, with one judge per group being duly appointed for each of these periods.
Judges of the Court must have higher legal training, high professional competence and at least 18 years’ seniority in legal activity or higher legal education. These requirements have given the Constitutional Court the privilege of gaining recognition, from the moment of establishment, due to the prestige enjoyed by its judges.
Judges are independent in the exercise of their mandate and are non-removable for the duration of their term of office. After their appointment, they take the judicial oath before the President of Romania and the Presidents of the two Chambers of Parliament, from which time the exercise of their term of office begins. The first Court took that oath on 6 June 1992. The last oath-taking took place on 9 and 15 June 2010 respectively.
The position of judge of the Constitutional Court is incompatible with any other public or private office, with the exception of teaching positions in higher legal education. At the same time, judges are prohibited from belonging to political parties. The judges of the Court are required by law to perform their duties impartially and in accordance with the Constitution and to refrain from any activity or manifestation contrary to their independence and dignity.
They enjoy immunity and are not held accountable for opinions expressed and votes cast in the adoption of decisions.
The judges of the Court may be arrested or prosecuted only with the approval of the Standing Bureau of the Chamber which appointed them or the President of Romania, as the case may be. The President of the Constitutional Court is equal in rank to the President of the High Court of Cassation and Justice and the other judges are equal in rank with the Vice-President of the High Court of Cassation and Justice.