The Superior Council of Magistracy announces that a complaint has been filed against Oana Gheorghiu at the Prosecutor’s Office, following statements regarding the service pensions of magistrates.
The CSM states that it has decided to refer the matter to the competent authorities „for investigations into the commission of the offense of incitement to violence, hatred, or discrimination.”
"In relation to the statements made by the Vice Prime Minister, considering their specific content and the social effects on the image and prestige of the magistrate function, the Superior Council of Magistracy has decided to refer the matter to the competent authorities for investigations into the commission of the offense of incitement to violence, hatred, or discrimination as provided for in Article 369 of the Penal Code.
The Council hereby requests the representatives of the executive power to maintain balance and decency in public discourse and not to make irresponsible judgments based solely on emotional grounds that undermine not only the independence of the judiciary but also the respect owed to it in a state of law, with the consequence of inciting the population to hatred against judges and prosecutors," says CSM in a statement.
The Superior Council of Magistracy further states that the statements of Vice Prime Minister Oana Gheorghiu constitute attacks on a constitutional power.
"The Superior Council of Magistracy strongly condemns the statements made by Vice Prime Minister Oana Gheorghiu in a televised interview, through which the independence of the judiciary and the status of magistrates have been irresponsibly and populistically violated.
Deliberately formulated statements characterized by an emotional tone, referring to funds allocated for minors affected by serious pathologies, and the comparison between their situation and the financial guarantees of judicial independence cannot be mere personal opinions when they come from a representative of the executive power.
Such allegations constitute attacks on a constitutional power, fueling a dangerous discourse that incites hatred and discrimination, aimed at antagonizing society against the professional body of magistrates.
The artificial opposition between magistrates and "the hungry child from whom something is taken" is manipulation and an attempt to divert public grievances towards the judiciary, placing the assurance of financial resources in a direct relationship with the financial independence of magistrates," specifies CSM.
CSM emphasizes that the independence of the judiciary does not represent a privilege granted to magistrates at the expense of others.
"The independence of the judiciary, which includes financial guarantees, as established by the entire European jurisprudence, does not represent a privilege granted to magistrates at the expense of others, but is the constitutional guarantee of a democratic society that the rights of every citizen will be defended by legal professionals free from any influences and respected in relation to any violation, including those committed by the state.
The Superior Council of Magistracy reiterates once again that the executive power, represented by the Government, has the obligation in a state of law to strengthen justice, not to discredit it, and to collaborate institutionally in a loyal manner with the judiciary for the proper functioning of democratic society," emphasizes CSM.
Rebellion within the system
Yesterday, the representative of the judges in the Superior Council of Magistracy (CSM), Alin Ene, accused Oana Gheorghiu of starting her term with a "public attack on the independence of the Judiciary" and with a discourse that "targets the rule of law."
The judge states that speeches that downplay the status of magistrates or portray their rights as privileges "taken from someone's mouth" are irresponsible in a democracy.
And today, the chief prosecutor of DIICOT Salaj, Dan Bubuiug, publicly expressed dissatisfaction with the statements made by Vice Prime Minister Oana Gheorghiu, stating that he felt "offended" by her remarks.
In a message published on his personal Facebook account, Bubuiug recounted that his reaction came after a workday of over 27 hours, during which he coordinated an operation to catch a suspect of drug trafficking in flagrante.
The statement that upset
Vice Prime Minister Oana Gheorghiu stated, in an interview on Digi24, that the special pensions system is unsustainable and comparable to a Caritas, arguing that "Romania can no longer afford to have special pensioners".
According to her, the funds allocated to service pensions could come "from the mouth of a hungry child or from the budget of a hospital without medications".
The statements were made shortly after the Constitutional Court published the reasoning behind the decision declaring unconstitutional the law regarding magistrates' pensions.
The Constitutional Court emphasized that the state has the right to modify the level of service pensions to ensure budgetary balance, as long as it does not affect the independence of the Judiciary. The Court also stated that the reform does not violate the principle of legitimate expectations, as it is implemented gradually, over a period of over a decade, and aims at the "common good."