The Judges’ Section of the Superior Council of Magistracy reacts on Thursday, following the release of the Recorder documentary about justice, which it considers the „peak” of a coordinated campaign to undermine trust in the judicial system.
„The Council notes the amplification of the campaign to destabilize the judicial power by destroying trust in the justice system and in the persons holding leadership positions,” as stated in the CSM press release.
CSM accuses a "well-established" plan against Justice
According to CSM, the events of the past months – from criticisms regarding special pensions, to protests, and public positions of former magistrates – are part of a coherent scenario of discrediting.
The Recorder documentary is said to represent the "culminating point," being published on the eve of an important decision by the Constitutional Court (regarding the AUR notification on the special pensions reform).
CSM argues that the accusations in the documentary are contradicted by recent international evaluations, invoking the lifting of the CVM, the "Rule of Law" reports, and progress towards Schengen and OECD accession, arguing that all these imply the "existence of a functional rule of law."
CSM rejects accusations regarding detachments and the formation of panels
The institution further states that the detachment or delegation mechanism cannot be applied without the judge's agreement, invoking the principle of immovability. "It appears paradoxical to criticize this measure precisely by those who have given their consent," as stated in the press release.
Regarding the judicial panels, CSM specifies that they are not formed "unilaterally" by a court president, but through a complex procedure involving section presidents, management boards, and the final decision of the court's leadership, an act that can even be challenged by judges.
The Judges' Section of CSM also criticizes the fact that the documentary generalizes based on "selectively chosen" criminal cases, although this subject represents only 10% of the total cases.
CSM announces checks and calls for calm
The Council announces that it will analyze any necessary measures following the report, but reaffirms its commitment to the constitutional mission of guaranteeing the independence of Justice.
Finally, the Judges' Section appeals to the public: "Society should not be influenced by isolated positions, in dissonance with the body of judges who faithfully respect their constitutional role."
What Recorder has revealed
Recorder has published a two-hour video documentary about the Justice system in Romania, a journalistic material based on multiple testimonies from within the system, showing in detail how the phenomenon of recent years has emerged, where major corruption cases are systematically buried.
The Recorder documentary shows how, in addition to decisions by the Constitutional Court and the High Court favoring the statute of limitations in many corruption cases, this phenomenon was perpetuated through a series of lesser-known judicial artifices: judges removed from panels during trials to be relieved even though they did not request it, judges whose delegation abruptly ended despite wanting to continue and having solutions to pronounce in important cases, judges detached to various cozy positions just before pronouncing solutions in important cases.
Such changes have favored the delaying of cases and consequently the statute of limitations.
The documentary triggered a wave of reactions both within the judicial system and on the political scene.
Following the investigation, USR announced that it will summon the Minister of Justice to Parliament for explanations. Subsequently, USR also demanded the dismissal of the DNA chief and the amendment of the Justice Laws.
Justice Minister Radu Marinescu reacted by stating that the mass media has the freedom to present viewpoints, but measures must be taken institutionally and objectively, admitting that he did not manage to fully review the material broadcast by Recorder.
Meanwhile, Lia Savonea issued her first public reaction, stating that the documentary contains distortions and that the Recorder investigation represents a denigration of justice. She rejected accusations regarding how she exerted influence within the system.
There was also a public attack, by the Bucharest Court of Appeal, against a judge who testified in the Recorder documentary. Subsequently, CAB announced an "extraordinary press conference."
President Nicuşor Dan stated that he watched the Recorder documentary about justice "from beginning to end" and has started working on a report with data on the issues within the system, inviting all magistrates to write directly to him about the problems they encounter, emphasizing the need for accountability within the profession. "The easiest thing is to revolt once again and blame generically, but it's harder to solve the problems in justice," Nicuşor Dan added.
Prime Minister Ilie Bolojan stated that he will study what is revealed in the Recorder investigation on Justice, announcing that he will conduct an analysis with a team of legal experts, with those from the Ministry of Justice, and will attempt a dialogue with the magistrates' associations. He added that if they were very united and vocal regarding salary rights, retirement, he believes it is at least necessary to be equally determined to address these problems from within.