The “black list” of the CSM, seen by five politicians: “A slide towards authoritarianism” versus “I have not seen attacks on the person”
How was the “black list of the CSM”, a document of more than 70 pages, which the institution says has the support of 3,580 judges, among politicians, received?
- HotNews talked about it with five politicians, two of whom are directly targeted, on the list – Diana Mardarovici (PNL) and Cristian Ghinea (USR).
- Victoria Stoiciu (unaffiliated), Ludovic Orban – president of the Forța Dreptei party and Radu Marinescu, former Minister of Justice from the PSD, deputy
Several politicians, NGOs, and publications are accused by the Superior Council of Magistracy of having, in the last year, run a campaign to discredit the judiciary. The CSM names the “culprits” in a document of more than 70 pages, in an unprecedented move that has sparked reactions.
“It is an unacceptable public stigmatization and incompatible with the rule of law,” said 75 newsrooms and NGOs in an open letter signed by HotNews on Friday.
But how was this list received among politicians?
Diana Mardarovici (PNL): “When I saw my name on the list, I was scared”
General Councilor of the Capital, the liberal Diana Mardarovici, said in the discussion with HotNews that the CSM damaged her dignity by the accusations launched.
“In the first phase, I have to admit that it caused me a lot of anxiety and I didn't understand what to do. I thought about what the implications are for me, that is, if I can rely on justice in Romania made by the judges. Especially, in the way the CSM presents this decision, practically all the judges in Romania believe that I participated in a concerted attack against them. I was trying to figure out if I, in front of a court, today, could find my justice or not,” says Diana Mardarovici, in the dialogue with HotNews.
And although she wonders if she still trusts the courts in Romania, Diana Mardarovici says she still wants to sue the CSM and ask for compensation. She is ready to go to the ECHR, she says, in the discussion with HotNews.
Her name appears in the CSM's ruling after she said in a video published on TikTok that janitors deserve higher pensions than magistrates because their work is “literally” shit.
“If our judges feel threatened by such a video, it's hard to understand how they resist the pressure from those they judge in court. Moreover, they talk about the fact that they are monitoring us, which is simply beyond any role that the judiciary has in a democratic state,” says Diana Mardarovici.
Diana Mardarovici also asks the president Nicușor Dan to take measures. First of all, to go to a CSM meeting. The president had said that he would do this “at some point in the future”.
“He has the right. I'm a politician. Maybe he doesn't feel the need to represent me, I have no problem. But the NGOs and the press must be represented by the president of the country,” says Mardarovici.
Cristian Ghinea (USR): “In the Republic of Magistrates, the LIA-SRI Party (PLS) wins the elections”
And the name of former USR minister Cristian Ghinea appears on the CSM list. Social media posts criticizing special pensions and alleged links between justice and politics are cited. Moreover, the CSM considers the phrase “judiciary scams” used by Ghinea to be derogatory.
In a dialogue with HotNews, Ghinea claims that “the black lists show that the oligarchy of magistrates is no longer ashamed”. Also launches direct attacks.
“The magistrates voted for some venals to defend their special pensions. Through the laws made by Predoiu three years ago, the system of internal elections was choked – specially, deliberately and organized, so that in the Republic of Magistrates, a party wins the elections totalitarian, isolates and punishes any opposition and behaves abusively. Let's call this party – because in their elections the parties have no name, but they exist, so let's call it the LIA-SRI Party (PLS)”, accuses Ghinea.
The USR senator calls for the amendment of the Constitution and laws to get out of the “totalitarian dictatorship of the PLS”. He gives Italy as an example, where it was proposed to appoint magistrates by drawing lots.
“A poor country president who signed the appointment of Lia Savonea to the High Court and induced false hopes in the opposition in the system should recover and make it a country project, not saving the PSD from its own stupidity,” adds Ghinea.
Radu Marinescu (PSD): “I haven't seen any personal attacks, speaking of blacklisting”
The former Minister of Justice Radu Marinescu instead talks about the “neutral, professional, non-offensive tone” of the representatives of the Superior Council of Magistracy.
When asked about the inclusion of citizens on a list regarding “triggering a discrediting operation”, Marinescu said: “Conclusions regarding some interferences in the independence of the judiciary can be formulated by a body that has the constitutional and legal purpose of defending and evaluating possible attacks on this independence.”
“There were interventions in the public space that even used aggressive language towards the magistrates: either derogatory, or even threatening, rude, matters that may have now been evaluated by the CSM from the perspective of a denigration of the judicial system. It is not my role to make such evaluations.”
The former Minister of Justice, who, in this capacity, was also a member of the CSM, says that he does not agree with the expression “black list”, in relation to the Council's decision.
“I have not seen any attacks on the person, in contrast to the qualification as a blacklist. I cannot consider it a blacklist or a whitelist. I simply see it as a decision of the Superior Council of the Magistracy”, added Marinescu
Victoria Stoiciu, unaffiliated parliamentarian: “Is it compatible for a state institution to respond to criticism with nominations? I await the opinion of the Minister of Justice”
Former PSD member, Victoria Stoiciu, accuses a slippage by including the media and NGOs on “black lists”.
“It's a slide towards authoritarianism. In a democracy, the press and civil society ask uncomfortable questions, this is not a “smear campaign”, that's exactly their role. When a state institution responds to criticism with public nominations, the problem is not those on the list, but those who draw it up. It seems to me, again, strange that the lists only contain names from one area of the political spectrum and activists, although voices critical of justice, with other arguments and for other reasons, exist from the opposite area,” Stoiciu argues.
The senator demands answers from Cătălin Predoiu, interim Minister of Justice, and the involvement of President Nicușor Dan.
“I am waiting for the opinion of the interim Minister of Justice, who is also a member of the SCM without voting rights, to tell us if it is compatible for a state institution to draw up lists of journalists and NGOs, by reference to the obligations of free expression. Idem, it is mandatory, in my opinion, to have an official position from the president. He is the mediator between the powers of the state, as well as between the state and society,” Stoiciu said.
Ludovic Orban (Forța Dreptei): “Intimidation of freedom of expression. Nothing else”
The former PNL prime minister, Ludovic Orban, current leader of the Forța Dreptei party, also claims that the CSM list is “an intimidation that, I repeat, violates freedom of expression”
“I mean, those magistrates are judges. If one of those magistrates makes a case in court or files a criminal complaint, what conclusion should we draw? That all these magistrates will convict journalists who have critical opinions related to how the justice system works or how someone or others at the buttons of the justice system act? It is profoundly undemocratic,” says the politician.
