Zegrean, ironic with the judges who are afraid to report the problems in the system: “If they are so fearful, they should have become priests”

The former president of the Constitutional Court of Romania, Augustin Zegrean, launched an attack on Monday against the judges who claim dysfunctions in the justice system, but who did not participate in the public debates initiated by the president of Romania, Nicușor Dan, for fear of possible reprisals.

The former president of CCR, Augustin Zegrean. PHOTO: Inquam Photos/Octav Ganea

Zegrean said he was surprised by the magistrates who now claim that they were forced to pronounce certain solutions. “I don't understand the people who come now and say they were forced. Why didn't they say then? If they did, it wouldn't have ended up here.” stated the former president of CCR, in an intervention on Antena 3 CNN.

He emphasized that Romanian legislation provides sufficient guarantees for the independence of judges and that they are not under the authority of hierarchical superiors. “Judges are not subject to anyone. The president of the court is not master over them. Only the CSM can sanction them”, Zegrean specified.

“They don't fear criminals, but they fear bosses”

Commenting on the statement of President Nicușor Dan, according to which some judges would have asked to be brought from gas stations to the consultations in Cotroceni, Augustin Zegrean ironized their lack of courage.

“If they are so cowardly, they should not have become judges. They should have chosen a gentler profession, priests or monks. They are not afraid of the criminals they condemn, but they are afraid of their bosses.” he said.

The former president of the CCR added that, in his 45 years of activity in the justice system, he did not encounter situations in which judges were fired or coerced for the decisions they made. “I've never seen anyone fired by their boss for a solution,” Zegrean stated.

The president has no constitutional powers to hold a judicial referendum

Augustin Zegrean also stated that the President of Romania has no constitutional powers to organize a judicial referendum, nor to dismiss the Superior Council of the Magistracy. “These initiatives are not in the job description”, said the former constitutional judge.

In this context, he also rejected the idea of ​​suspending the president, showing that the conditions stipulated by the Constitution are not met.

“The Constitution clearly says: if the president has committed serious acts that violate the Constitution. He has not yet committed them, he has only proposed them. You cannot suspend him for what he wants to do, but only for what he has done.” Zegrean explained.

At the same time, he drew attention that the term of “referendum” was misused, as Romanian legislation does not provide for referendums on professions. A possible consultation of the magistrates would only be possible with the agreement of the CSM.

Augustin Zegrean rejected the idea of ​​a collective dismissal of the Superior Council of Magistracy. “It can't be. There is the possibility of recalling some members, but not all at once. It's a doomed approach,” he also said.