The CSM reacts after the statements of Nicușor Dan: “The referendum proposed by the president does not apply to any profession, even more so to judges”
The Superior Council of the Magistracy (CSM) reacted on Sunday to the statements made by the President of Romania, Nicușor Dan, stating that the proposed referendum cannot target judges and that respecting the separation of powers in the state remains a constitutional priority.
The Supreme Council of Magistracy PHOTO: FB
In a press release, the Section for Judges of the Superior Council of the Magistracy claims that it took note of the statements made by the President of Romania, Nicușor Dan, made during the day and “underlines that the exercise of constitutional powers by public authorities must be carried out in strict compliance with the principle of separation and balance of powers in the state, as enshrined in the Romanian Constitution”.
“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 Superior Council of Magistracy, in its constitutional capacity as guarantor of the independence of justice, exercises its powers autonomously and will not tolerate any form of interference, direct or indirect, in the activity of the judicial authority “, the CSM transmitted.
The CSM reminds that Romania, as a member state of the European Union, has the obligation to respect the rule of law, the independence of the judiciary and loyal cooperation between institutions – fundamental benchmarks of the constitutional order and of the assumed European commitments.
“Romania is a member state of the European Union, and respect for the rule of law, the independence of justice and loyal cooperation between institutions are fundamental benchmarks of the constitutional order and of the assumed European commitments. Consolidating public trust in state institutions requires a responsible public discourse, anchored in constitutional norms and common European values. Any dysfunctions, if any, must find solutions in a stable social climate and characterized by institutional cooperation, following analyzes carried out applied and rigorous to the importance of justice in society, and not in a context characterized by emotional vectors, regardless of whether they appeared spontaneously or premeditated”, CSM also sent.
We remind you that President Nicușor Dan announced on Sunday, December 21, that he will create a referendum dedicated to magistrates, in which they will have to answer the question: “Does the Superior Council of Magistracy act in the public interest or does it act in the interest of a group within the judicial system?”.
“And, in view of this situation, which I consider to be serious, I will initiate in January, immediately after the holidays, a referendum within the Corps of Magistrates with a single question: “Does the Superior Council of Magistrates act in the public interest or does it act in the interest of a group within the judicial system?” And, if the magistrates, as a whole, will say that yes, the Superior Council of Magistracy is acting in the public interest, we will continue the legislative discussions and everything I said earlier”, the president conveyed.
The President of Romania declared that if the magistrates, in the majority of them, will say that the CSM does not represent the public interest, but the interests of the guild, then the members of the council will leave immediately.
