The president met with coalition leaders to find common ground on magistrates' pensions, in an equation where it appears magistrates are setting the terms and politicians are about to accept them.
Even magistrates are not above the law
Does the authoritarianism of Justice exceed the ability of democracy to maintain the separation of powers in the state? Within the coalition, only the PSD wants negotiations with the magistrates, the other formations start from the idea that pensions from the public system, whatever they are, are part of the powers of the executive and the legislature. In fact, if there is separation of powers in the state, why do magistrates periodically fix and adjust their incomes?
According to the still unconfirmed information, tomorrow the president would have a meeting with the heads of the High Court of Cassation and Justice and the Superior Council of Magistracy (CSM). There is no talk of a negotiation, but that seems to be the meaning of the meeting.
Sources in the legal area claim that the Politic would agree to increase their pensions from 70 to 75% of net income at the time of retirement and increase the transition period from 10 to 15 years.
Magistrates are not above the law
The former Minister of Justice, Monica Macovei, who reformed the field before joining the EU, argues that “the decrease in special pensions of magistrates should not extend over a period of several years”, because this law will also be amended by the following governments, just as it was done in 2010: then the Boc government initiated the reform of special pensions using the principle of contribution, the Constitutional Court decided that the law was constitutional, but later the law was changed.
Macovei insists that “difficult reforms are done quickly and in one piece”, and the transition of 15 or even 10 years is much too long and induces the idea that the magistrates do not do their job out of passion, but for a retirement under 50 years old for a lot of money.
In short, the former Minister of Justice urges the leaders of the ruling coalition and the head of state to cut in the flesh, because in a state of law no one is above the law, and the Constitution specifies that “Citizens are equal before the law and the public authorities, without privileges and without discrimination. No one is above the law.” (art. 16). So neither do the magistrates.
High Court of Cassation and Justice
The predecessor of the CSM
At the peak of power, everything looks different, since the president tries to negotiate with the magistrates, in order to then mediate a solution with the government.
The new deputy prime minister who spoke about the incomes of judges and prosecutors, saying that their allowances take money “from the mouth of a child who goes to bed hungry” or “from the budget of a hospital that has no medicine”, was accused by the SCM in a criminal complaint of manipulation, incitement to hatred and violence.
The magistrates' criminal complaint also mentions the “financial guarantees of judicial independence” and the fact that a representative of the executive would not be allowed to express personal opinions. In short, the CSM wants to make a record of him.
The danger of juristocracy
However, a member of the government cannot be criminally investigated, according to the law, without the approval of the president, that's why Nicușor Dan said this morning that he will not agree to sign such a request. He then pointed out that her statements were unfortunate.
And the PSD leader, Sorin Grindeanu, said of her that she is a populist. There is an alignment between the social democrats and the president.
The fact that the president, in order not to incite spirits, said nothing about the danger of Juristocracy or the power of magistrates, about this precedent in which magistrates prosecute a member of the government for the crime of opinion, suggests that the country is about to fall under the authoritarianism of magistrates.
Basically, the magistrates are the ones who find the ways to release the corrupt politicians, who let free the husbands and partners of the women who become their victims and who make their own law and grant each other increments through court decisions, as if the Executive and the Legislature no longer exist.
Sabina Fati – DW
