The duration of mandate for elected members of Superior Council of Magistracy is 6 years, without the possibility of renewal.

Superior Council of Magistracy members are dignitaries.

The statute of representative of Civil Society elected as member of SCM is incompatible with the statute of member of Parliament, member in local councils, public servant, active judge or prosecutor, public notary, judicial counselor or active bailiff.

The membership ends, as the case may be, at the expiry of mandate, following  resignation, dismissal, indefiniteness to settle the state of incompatibility within 15 day after the election as SCM member, non-compliance with the provision of art. 62 of Law no. 303/2004 regarding the statute of judges and prosecutors, the impossibility to exert the attributions on a period greater than 3 months, as well as by the demise of the member.

Removal from the function of elected member of Superior Council of Magistracy is proposed by the president of vice-president of the Council, or by one third of the members, in the situation when a person no longer complies with the legal requirements for being a SCM member, in the case of inexecution or inadequate fulfillment of attributions within Superior Council of Magistracy or in case of exercise of disciplinary sanctions.

The Plenum of Superior Council of Magistracy may dispose the removal from the function of elected member of Superior Council of Magistracy.

Removal from the function of president or vice-president is proposed by a third from the number of members of Superior Council of Magistracy.

The elected members of Superior Council of Magistracy are also removed also at the request of the majority of general assemblies within courts or prosecutors' offices which they represent, in the case of inexecution or inadequate fulfillment of attributions given to him when being elected as SCM member. Within general assemblies, the decision is made with 2/3 of the number of judges or prosecutors.

In the case of general assembly of Prosecutors' Office attached to the High Court of Cassation and Justice and National Anticorruption Department, the decision of removal of their representative in Superior Council of Magistracy is made with the majority of votes. Within the general assembly, the prosecutors that carry their activities in the territorial structures of those prosecutors' offices can also vote.

The decision of removal of the representative of High Court of Cassation and Justice is made by majority of votes of judges within the general assembly.

The removal procedure can be started by any general assembly within the courts and prosecutors' offices that are represented by the Superior Council of Magistracy member whose revocation is requested, as well as the professional bodies of judges and prosecutors.

The centralization of voting results is made by the general assembly which started the procedure or by the first general assembly appraised by the professional bodies of judges and prosecutors.

In 15 days from the recording of intimation signed and well-reasoned by the representatives of general assemblies, the Plenum of Superior Council of Magistracy disposes the removal from function of the respective elected member.

The members of Superior Council of Magistracy are liable, civil, disciplinary and criminal, according to law.

Any person can apprise the Superior Council of Magistracy, directly or through the leaders of courts and prosecutors' offices, with regard to the improper activity or conduct of an elected member of SCM, the breach of professional obligations or commission of disciplinary deflection.

The sections of Superior Council of Magistracy act as court of justice with regard to disciplinary liability of elected members of the Council, for deeds provided by art. 97 of law no. 303/2004 regarding the statute of judges and prosecutors.

In order to exercise the disciplinary action, conducting a preliminary inquiry is mandatory. The inquiry is disposed by the Plenum of Superior Council of Magistracy.

The preliminary inquiry is effectuated by the inspectors of the Judicial Inspections that functions within Superior Council of Magistracy.

With the preliminary inquiry, the acts and their results are established, the circumstances when the acts were committed, as well as any other cogent data of which the existence or inexistence of guilt can be appreciated. The hearing of the respective person and the verification of his defense are mandatory. The refusal of the person to make statements or to appear for inquiry will be ascertained in the official report and doesn't block the continuation of inquiry. The Superior Council of Magistracy member which is subject to inquiry has the right to be aware of all the acts of inquiry and to request evidence in his defense.

The appointed inspector transmits, in no more than 60 days, to the disciplinary commission, the results of the preliminary inquiry. The disciplinary commission appraises the corresponding section of the Superior Council of Magistracy, in order to solve the disciplinary action.

In the case when, before notification of the section, the disciplinary commission establishes that further verifications are necessary, appoints an inspector from the Judicial Inspections, to complete the preliminary inquiry.

In the case when the disciplinary commission considers that the exercise of disciplinary action is not justified, cassation is disposed.

The disciplinary action may be exerted in no more than a year from the date of the commission of the act.

In the case of termination of the membership before the expiry of mandate, new elections are organized for the vacant positions, according to the procedure provided by law.

Until the election of a new member, the interim will be assured by the judge or prosecutor that was seeded second in the elections within the general assembly.