The Forum of Judges refuses the invitation to consultations sent by the CSM. The association demands resignations after the decision of the ECHR targeting Cristi Danileț

The Forum of Judges Association announced that it will not participate in the consultations convened by the Supreme Council of Magistrates regarding the situation of the judicial system until the CSM assumes responsibility for the abuse to which former judge Cristi Danileț was subjected, abuse also found by the ECHR, through the decision issued on Monday.

According to a post on Facebook, the Forum of Judges claims that the assumption of responsibility would be demonstrated by the honorable resignations or the revocation of the judges involved in the disciplinary sanctioning of Danileț, Lia Savone, the president of the High Court of Cassation and Justice, also being mentioned.

“The CSM supported the silence of the judicial system”

“The Superior Council of the Magistracy must take responsibility for the abuse found by the Grand Chamber of the European Court of Human Rights in the case of Danileț against Romania, through steps that can begin with the honorable resignations or the recall of judges Lia Savonea and Simona Camelia Marcu (members of the disciplinary panel that ordered the abusive sanctioning of Cristi Danileț, at this moment president of the High Court of Cassation and Justice, respectively director of of the National Institute of Magistracy), as well as Claudiu Marian Drăgușin, member of the CSM present at the pleas at the European Court of Human Rights”, says the post of the Forum of Judges.

Only in this way could the CSM still claim to be able to outline solutions regarding the image crisis and the “discrediting of the entire judicial system”.

“Until that moment, the Forum of Judges Association from Romania cannot legitimize with its presence a meeting with the guarantor of the independence of the judiciary who, before the European Court of Human Rights, supported the silence of the judicial system in the face of abuses”, the cited source mentions.

Instead, the Forum of Judges shows its willingness to participate in the working group organized by the Government to amend the justice laws, which it considers “the legitimate way for sustainable changes” in the judicial system.

The forum states that it will participate in the works together with its “dialogue partners with similar visions, namely the Association Movement for the Defense of the Status of Prosecutors and the Initiative Association for Justice, constant and honest supporters of the independence of the judiciary”.

Consultations organized by the CSM

The representatives of the professional associations of judges, as well as the representatives of the Ministry of Justice, were invited on Wednesday, December 17, to the headquarters of the Superior Council of the Magistracy, to “debate current issues in the context generated by the recent events regarding the judicial system”, announced the CSM in a press release.

Also, the SCM announced the consultation of all judges through an internal online questionnaire, to be answered by December 18, 2025.

There are seven points on the agenda established by the Superior Council of the Magistracy:

• Delegation, secondment, transfer of judges. Consequences on their activity in the court panels
• The perception of judicial independence
• The causes that influence the duration of judicial proceedings in criminal matters. The problem of prescription of criminal liability
• Remuneration of judges and their service pensions
• The volume of activity and the legislative and administrative causes that generated its increase. The need to regulate the activity of judges
• Freedom of expression of judges
• Other aspects.

The conclusions of these consultations, says the CSM, are to be presented by December 19, 2025.

Danileț wins the ECHR case against the Romanian state

The European Court of Human Rights (ECHR) condemned Romania for violating the freedom of expression of former judge Cristi Danileț. The decision announced by the ECHR on Monday is final. It was taken by ten votes to seven in the 17-judge Grand Chamber of the ECtHR.

In justifying the decision, the ECHR explained that there were no relevant and sufficient reasons for the CSM to sanction the former judge for the posts he made on Facebook. Cristi Danileț appealed to the ECHR the decision of the CSM to sanction him with 5% of his salary for two months for two posts made on Facebook. Danileț opened the process after the ÎCCJ upheld the decision of the CSM.

Former judge Cristi Danileț won the case filed against Romania at the ECHR in February 2024, but the Ciolacu Government appealed the decision. The decision was challenged through the Ministry of Foreign Affairs then headed by Luminița Odobescu. Today's decision is final.

Sanction applied during the period when the CSM was led by Savonea

The disciplinary sanction consisting in reducing his remuneration by 5% for two months was taken in May 2019 by the Section for judges in disciplinary matters of the SCM. The president of the Superior Council of Magistracy at that time was Lia Savonea, the current president of the ÎCCJ. The decision was taken following a report drawn up by the Judicial Inspection, led by judge Lucian Netejoru.

“Admits the disciplinary action brought by the Judicial Inspection against Mr. Danileț Cristi – judge in the Cluj Court. Based on art. 100 letter b) of the Law on the status of judges and prosecutors, republished, with subsequent amendments and additions, applies to Mr. Danileț Cristi – judge in the Cluj Court, the disciplinary sanction consisting in “the reduction of the gross monthly employment allowance by 5% for a period of 2 months”, for committing the disciplinary offense provided for in article 99 letter a) of the same normative act”, was the decision issued by a majority of votes, on May 7, 2019.