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Magistrates decline PM Dancila's invitation to talks: Independence of justice is not negotiable
Prime Minister Viorica Dancila has invited the representatives of magistrates’ associations and of the Superior Council of Magistracy (CSM) to talks about the amendments to the laws of justice on Monday at 15.30h. The announcement was made by the Government in the context in which the magistrates protested in an unprecedented gesture on Friday against the emergency ordinance to amend these laws.
The Government’s announcement comes after Prime Minister Viorica Dancila has returned from the European Socialists Congress that took place in Madrid this weekend and where leader Frans Timmermans, who is also the First Vice-president of the European Commission, has sent a tough warning to PSD and had talks with leader Liviu Dragnea. Timmermans said that there can be no compromise in respect of fundamental values and the rule of law.
The Judges’ Forum Association, the Movement for the Defence of Prosecutors’ Statute and the Initiative for Justice Association request the Romanian Government to immediately and completely repeal GEO no.7/2019, underlining that the independence of justice cannot be negotiated and the dialogue regarding the adoption of the emergency ordinance should have been initiated priongosr to its issuance, not post factum.
According to the NGOs, the only solution currently lies with the legislator (be it delegate) is the immediate and full repeal of the GEO no.7/2019.
They recall that the Romanian Government and the Romanian Parliament “have constantly refused to consider the constitutional arguments and solutions that would respect the international conventions to which Romania adhered” and “the adoption of some amendments to the legislation regarding the judicial organization, by Government Emergency Ordinances, without respecting the minimum rigor of decisional transparency and without real and effective consultation of the magistrates’ body is contrary to the international commitments of the Romanian state.”
The Government of Romania, the three NGOs say, had to “give a minimum proof of compliance with the recommendations of the European Commission’s report released in November 2018, of the conclusions of the Venice Commission in October 2018 and of the GRECO conclusions and the recommendations in March 2018, the implementation of which was possible in the course of legislative interventions that brought about changes to the laws of justice.”
“It is necessary that the legislative power and the executive power immediately repeal the provisions regarding the establishment of the Special Section for investigating the offenses committed by magistrates with an exclusive competence that no longer exists in the case of any socio-professional category. (…) We also ask the Romanian Government to immediately repeal GEO no.77/2018 as well as the provisions regarding the reorganization of the Judicial Inspection, which unjustifiably reinforce the duties of the chief inspector,” the communiqué of the three NGOs reads.
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The General Assembly of the Cluj Tribunal has decided on Friday morning to protest for half of hour and to also suspend their entire activity as of Monday for a week. They also want to start procedure to revoke the CSM members, judge Cristi Danilet announced.
As for the revocation of the CSM members, the judges from Cluj argued that „the CSM members have denied to defend the professional reputation of the magistrates labeled as during the protest meeting in June 2018″.
The Prosecutor’s Office upon the Court in Constanta is joining the magistrates’ protests, deciding to suspend activity for three days. It has been the first prosecutor’s office in the country that takes such a decision.
Soon after, the prosecutors from the Prosecutor’s Office upon the Arges Tribunal have also decided to stop their activity for three days, covering only the emergencies, as well as the Prosecutor’s Office upon the Bucharest Tribunal, the Brasov Prosecutor’s Office and the Prosecutor’s Office upon the Pitesti Court.