This is the fourth process that Lia Savonea, president of the High Court of Cassation and Justice, loses in front of European courts – it concerns the CJUE LIN 1 and LIN 2 decisions on prescription and Cristi Dănileț on judges’ freedom of expression, which says everything about how she carries out her mandate and how well the Romanian justice system works.
On October 22, the ECHR (European Court of Human Rights) published the decision in a case where several judges complained that their property rights were affected because the Government does not pay certain salary arrears.
The panel of 5 European judges, unanimously, ruled in favor of the Government, considering that it has the possibility to postpone and stagger payments, establishing the amounts and repayment period in such a way as not to endanger the taxpayers’ interest and budget balance.
“...it is not for the national judge to substitute national authorities regarding budgetary and economic policy options, defining spending priorities and allocating public resources being within the competence of the executive and legislative powers, which have a wide margin of discretion in this regard,” the ECHR decision states.
The European court judges pointed out that “the judiciary seems to have exceeded its traditional role of interpreting and applying the law, a situation likely to create the impression of an inter-institutional conflict of interest revealing tension between the judiciary and the legislative and executive powers. However, the Court emphasizes that the national judge does not have the task of substituting competent national authorities in choosing budgetary and economic policies, spending priorities and allocating public resources, falling within the competence of the executive and legislative powers, which have, in this area, a wide margin of discretion,” as stated in the ECHR decision rationale.
Sorin Grindeanu's Priority
On Tuesday, October 20, shortly after the Parliament voted for the Luca Niculescu Government, Sorin Grindeanu, the leader of the PSD and the President of the Chamber of Deputies, stood in front of journalists and delivered a prime ministerial speech. Probably because the Social Democrats have 11 ministerial positions in the new Executive.
He presented the “heavy legacy” left by former Prime Minister Ilie Bolojan, emphasizing, among the budgetary urgencies, the payment of one billion euros to judges, following a final decision of the High Court of Cassation and Justice, led by Lia Savonea.
“...there is also a need for 10-12 billion lei for the functioning of state institutions by the end of this year, plus another 5 billion lei for the outstanding salaries of judges, following final justice decisions,” stated Sorin Grindeanu, in front of reporters, presenting the priorities of the new government.
The PSD leader had no reservations regarding the payment of the billion euros, obtained by judges following a “conflict of interest,” as highlighted by the ECHR, although the decision of the European judges had been made as early as October 13, with its publication yesterday.
Even though he was not aware of the ruling, the legal community knew that the decision was to be presented this week.
Luca Niculescu, the new Prime Minister, was more evasive, saying: “Indeed, it is a decision that has come recently (referring to the decision of the High Court in Bucharest - editor's note), we will quickly focus on it, we will start a dialogue in such a way as to find a solution…”
Protection Fee, One Billion Euros
Not only do the ECHR judges rule in favor of the Government regarding the method of payment of outstanding amounts for which there is already a final decision of local courts, but they also underline that the way in which these sums are obtained by the judges who sue the state is questionable, and Parliament can remedy it both through legislation adopted by the legislative body and through Government decisions.
Sorin Grindeanu and the PSD want to quickly transfer the billion euros from the budget to judges, this being seen within the party as a “protection fee” against prosecutors' investigations in corruption cases and possible cases that end up in court.
Who pays this protection fee? The Romanian taxpayer, meaning “the moms,” pensioners, chronically ill, unemployed, employees, all those whom Sorin Grindeanu lamented during the time he fought with Prime Minister Ilie Bolojan.
Hours have not passed since the return of the PSD to power and they have already started preparing the ground for buying protection.
Following this decision, Luca Niculescu can postpone the payment of the billion by invoking “the constitutional mechanism which clearly states that European Union law, CEDO regulations, and a decision of the ECHR enter into the conventionality block, are above domestic law…,” stated exclusively to Spotmedia.ro by lawyer Alexandru Dimitriu and USR deputy.
Understanding Between PSD and Some Judges
This year, Ilie Bolojan, Prime Minister, on behalf of the Government, signaled to the CCR a conflict of a constitutional nature with Lia Savonea, the president of the HCCJ, who sued the Executive for the postponement and staggering of outstanding salary payments and bonuses.
A case similar to the one judged by the ECHR. The Constitutional Court of Romania, on October 7, ruled in favor of Lia Savonea, making a decision with a majority of votes, contrary to the European judges.
In a single paragraph of the rationale, the ECHR defines the essence of corruption in the justice system, the cause that has caused the deadlock, as well as the chronic distrust of the public opinion that judges in Romania do everything possible to dispense justice.
“…the monthly incomes received and still received by the plaintiffs in question (the judges who sued the Government) are much higher than the average salary or pension in Romania and even exceed the allowances received by the highest authorities of the state. Thus, the ECHR cannot conclude that the plaintiffs are part of a vulnerable group and that the non-payment in full and immediately of the amounts requested has deprived them of their only means of subsistence or exposed them to the risk of not having sufficient means to ensure their subsistence,” as stated in the rationale of the ECHR judges.
If Sorin Grindeanu and Radu Marinescu, the Minister of Justice, decide to proceed with the payment of the billion euros to the judges controlled by Lia Savonea, it will be a strong indication that there is a certain type of understanding between the PSD and a part of the justice system, which causes suffering and impoverishment of the population in exchange for protection for corrupt individuals.