The Law of 24th of March 1909 regarding the amendment of some legal provisions for judicial organization, in Title III, entitled "About the Superior Council of Magistracy", provided that, within the Ministry of Justice, a Superior Council of Magistracy was established, whose attributions were:
• to express its opinion, according to law, regarding confirmation, appointment and promotion of magistrates, starting with first instant courts judges and those from tribunals;
• to judge, according to law, the infringements to law of the magistrates, and to decide the sanctions applicable to those that deviate from their duties;
• to give endorsements in all the cases when the minister requests the Council's opinion;
• to fulfill any other duty given to it by law;

The council was composed by: 3 members and a substitute, elected by the Cassation Court; 2 members and a substitute elected by the Bucharest Court of Appeal; the inspector for courts of appeal or, in his absence, a fourth member elected by the Cassation Court; one of the inspector for tribunals, appointed by the minister; a delegate of the Ministry of Justice or the minister himself;

The election of members was made by every court, in the general assembly, in the presence of the general prosecutor, with secret voting and with the absolute majority of votes.

The Minister of Justice could have convoked the Council whenever necessary. The sessions were valid only in the presence of at least 7 members, and the decisions could have been taken with at least 4 votes. All the opinions had to be motivated.

At the start of its functioning, the Council elected, among its members, the president for all its mandate. When electing the president, all the members were present.

When the minister of justice participated in a session, he chaired the Council. In the absence of the minister or the president, the Council was chaired by the oldest member among those elected from the Court of Cassation.

The position of Secretary of the Council was held by a functionary from the Ministry of Justice. The functions of the members elected from the Court of Cassation and of the Appeal Court were for a two year mandate. The members whose mandate was expired could have been re-elected.

By the Law for the organization of judiciary of 1924, with the amendments of 1925, further completions were brought regarding the Superior Council of Magistracy, especially regarding its structure, the necessary quorum of the sessions and the decision taking, as well as the manner of replacing the members. Also, it was established that the function of secretary of the Council to be officiated by the general director of personnel from the Ministry of Justice or by one of his substitutes.

By the Law regarding the organization of judiciary of 1952, the provisions regarding the Superior Council of Magistracy were annulled.

After 1989, the institution of Superior Council of Magistracy was established in two articles of the 1991 Constitution, which took over a model diffused in states with a considerable democratic tradition.

Thus, according to art. 134: "The Superior Council of Magistracy is composed of magistrates elected, for a 4 years mandate, by the Chamber of Deputies and the Senate, in joint session". According to art. 133: „ (1) The Superior Council of Magistracy proposes to the President of Romania the appointment in office of judges and prosecutors, with the exception of those still in practice, according to law; (2) The Superior Council of Magistracy fulfills the role of a council of discipline for judges. In this case, the sessions are chaired by the president of the Supreme Court of Justice."

Those constitutional provisions were detailed by law no. 92/1992 for the organization of judiciary, with the ulterior amendments, and of the Regulation for functioning of Superior Council of Magistracy.

By Decisions of Parliament no. 4/1993, 6/1993, 21/1993 and 25/1993 the structure of the first Council, after the December 1989 revolution, was established. This council functioned between 1993 and 1994.

The members of the second Council were appointed by Decisions of Parliament no. 13/1994, 15/1994, 16/1994, 20/1994  and 15/1995. This Council functioned between 1994 and 1997.

The third Council functioned between 1998 to May 2003, and its members were appointed by Decisions of Parliament no. 16/1998 and 22/1998.

By Decision no. 14/2003, adopted in joint session on the 7th of May 2003, the Romanian Parliament appointed, for a period of 4 years, the magistrates of the fourth Council.

According to article 1 para (4) of the revised Romanian Constitution: „The State shall be organized based on the principle of the separation and balance of powers - legislative, executive, and judicial - within the framework of constitutional democracy".

This separation does not imply the existence of stiff boundaries between the state authorities, but their co-operation and interdependence. On the other hand, the balance of powers requires each authority to fulfill its obligations according to the law.

Chapter VI, Title III of the Constitution states that the judiciary system is composed of courts (the High Court of Cassation and Justice and other courts established by law), the Public Ministry and the Superior Council of Magistracy, each of them bearing its own attributions, stated by the Constitution or by other laws.

The revised Constitution, through art 132 para (1), has granted to the Superior Council of Magistracy the role of guarantor of the independence of justice.

The Council consists of 19 Members as follows:

a) 9 judges and 5 prosecutors, elected in the general assemblies of the magistrates, who compose the two sections of the Council, one for judges and one for prosecutors;
b) 2 representatives of the civil society, specialists in the field of law, who enjoy a high professional and moral reputation, elected by the Senate;
c) the President of the High Court of Cassation and Justice, representative of the judicial power, the Minister of Justice and the General Prosecutor of the Prosecutors' Office attached to the High Court of Cassation and Justice, who are members de jure of the Council.

After the validations of the elections, the President of the High Court of Cassation and Justice is the one that summons the members of the Superior Council of Magistracy.

The President and the vice-president of the SCM are elected in the first meeting of the Council by the majority of the Members.

The President of the Superior Council of Magistracy and the Vice-president are elected for a period of one year, without the possibility for renewal.

The duration of mandate of elected members of Superior Council of Magistracy is of 6 years.

According to art. 132 para. (6) of the Romanian Constitution, republished, when the President of Romania attends the meetings he chairs the proceedings of the Plenum of the Superior Council of Magistracy, with no right to vote.

THE FUNCTIONING OF SUPERIOR COUNCIL OF MAGISTRACY:

The Superior Council of Magistracy is functioning as a body with permanent activity.

The decisions are taken in Plenum or in sections, according to the attributions each has.

The members of SCM carry out a permanent activity. During their term of office of one year, the president and the vice-president of the Superior Council of the Magistracy do not exert the activity of judge or prosecutor.

According to the new amendments, judges and prosecutors elected as members of the Superior Council of Magistracy suspend their activity as a judge or prosecutor, as concerns the presence of judges in the court rooms or the development by the prosecutors of criminal procedural acts.  At the end of their seat, the persons who suspended their activity will restart the activity of judge or prosecutor.

Elected members of the Superior Council of Magistracy that were in position when the amendments of 2005 entered into force, had the opportunity to choose the suspension of their activity as a judge or prosecutor for the remaining period until the end of the seat.

The Superior Council of Magistracy will have permanent activity for all its members beginning with 2010.

The leading positions of judges and prosecutors elected as members of Superior Council of Magistracy are suspended at the date of publishing of the Senate Decision in the Romanian Official Journal.

The elected members of Superior Council of Magistracy that  had leading positions before the entering into force of Law no. 247/2005 regarding the reform in the field of property and justice, may choose to be suspended from the respective leading position.