Nicușor Dan, speech at the National Day reception in Cotroceni. Photo: Presidency.ro
The CSM “will not tolerate” interference in the work of the judiciary, the judge section of the Superior Council of the Magistracy sent on Sunday evening. What does it refer to? The referendum announced by Nicușor Dan among the magistrates has no legal basis, claims the CSM.
In a statement issued on Sunday evening, the judicial section of the CSM reminds that public authorities must exercise their powers with strict respect for the principle of separation and balance of powers in the state.
“The referendum proposed by the President of Romania is not foreseen by the legal provisions within any profession, even more so within the profession of judge which represents one of the three powers in the state and has constitutional regulation, as well as at the level of organic laws”, the statement says.
At the same time, the CSM warns that it will not accept interference in the activity of the judiciary, since it is the guarantor of the independence of the judicial system.
“The Superior Council of the Magistracy, in its constitutional capacity as guarantor of the independence of the judiciary, exercises its powers autonomously and will not tolerate any form of interference, direct or indirect, in the activity of the judicial authority”, say the judges of the CSM.
The Judges Division states that any problems in the judicial system must be resolved through “international cooperation”.
“Consolidating public trust in state institutions requires a responsible public discourse, anchored in constitutional norms and common European values. Any dysfunctions, if they exist, must find solutions in a stable social climate and characterized by institutional cooperation, following applied and rigorous analyzes of the importance of justice in society, and not in a context characterized by emotional vectors, regardless of whether they appeared spontaneously or premeditated,” the statement added.
Nicusor Dan wants a referendum among the magistrates
President Nicușor Dan announced that he had received from the magistrates “hundreds of pages of relevant materials about the problems in the judiciary”, before Monday's consultations with their representatives.
And in a press statement held on Sunday in Cotroceni, the head of state announced that in January he will initiate a referendum within the body of magistrates with a single question: “Does the CSM act in the public interest or does it act in the interest of a group within the judicial system?”.
Also on Sunday, the Presidential Administration published a report summarizing the observations sent to President Nicușor Dan by magistrates and actors from the justice system, in the context of public debates on this subject.
The report from Cotroceni summarizes the requests of the magistrates. They did not ask for individual matters, the report says. One of the conclusions is that the problems in the judiciary are: “the erosion of the internal independence of magistrates (especially in the case of judges), the quality of the judicial act and public trust”.
