Elena Costache, the president of CSM (Superior Council of Magistracy), in a surprising move, decided to write to Nicușor Dan to ask him to sign a total of 22 retirement requests for judges.
The open letter, sent to the President of Romania, due to the urgency and pressure it demands, triggers a conflict between CSM and the head of state.
„…any entity, whether public or private, has the obligation to respect and apply the laws of the Romanian state exactly. In the case of public authorities, this fact is even more pronounced, especially considering that the way in which they relate to the law also serves as an example for citizens and for private entities in general,” wrote Judge Elena Costache to the President of Romania.
The message from the head of CSM is shocking in that it lectures the president, elected by over 6 million citizens, and suggests a violation of the law by him.
If CSM has truly identified a violation of the law by the President of Romania, it should have raised this issue on the agenda of the Council or filed a complaint and initiated legal actions.
It is unprecedented in recent history of Romania for a judge to reprimand the head of state outside the legal framework.
Reaction of Civil Society
The letter signed by the president of CSM is even more surprising because it comes shortly after the Council itself violated the law by expediting the appointment procedure of Judge Lia Savonea to the position of President of the High Court of Cassation and Justice.
This appointment "raises questions about the integrity of the justice system, but, more than that, it was done in violation of the law. According to art. 142 of Law 303/2022, the procedure for appointing a new president can start no earlier than 60 days before the expiration of the current mandate.
CSM initiated the procedure just a few hours after the announcement of the winner of the presidential elections, nearly three months earlier than the legal deadline," stated a press release from the non-governmental organization Declic, which challenged in court the appointment procedure by CSM of Judge Lia Savonea as the head of the High Court of Cassation and Justice.
"It was a turning point. We had to choose between keeping silent and moving forward. And the citizens were very clear: they no longer accept complicity and silence.
Within Declic, decisions are made together with those who sign the petitions, and this time the direction was almost unanimous: we will go to court. The law was violated, and the consequences can be serious for the independence of justice," stated Tudor Brădățan, executive director of Declic, who announced that 70,000 citizens have signed the petition signaling the violation of the law by CSM.
The fact that Judge Elena Costache acted so hastily and aggressively indicates an urgency among certain magistrates and is related to the possibility of raising the retirement age, as well as the promise of a justice system reform made by the new President Nicușor Dan.
Response from the Cotroceni Palace
Although the letter was sent three days ago, the president of CSM has not received any response from the President of Romania. Not a direct one, because the head of state did something. He appointed Dacian C. Dragoș as a judge at the Constitutional Court, causing a new earthquake in the opaque and corrupt justice system in Romania.
Dacian C. Dragoș is a legal figure in our country who took a stand against the plagiarism of Lucian Bode, the former Minister of Interior from the liberal party, and represented Romania in a successful lawsuit against Roșia Montană Gold Corporation, which was seeking nearly $7 billion in damages from the state.
The appointment made by Nicușor Dan to the CCR goes against a subtle campaign deployed on various public relations and legal channels suggesting that former President of the High Court, Judge Corina Corbu, who resigned before the end of her term to make way for Lia Savonea, was supposed to be appointed as a judge at the CCR by Nicușor Dan.
But the arrival of Dacian Dragoș at the CCR actually outlines the great fear that has been created within the Lia Savonea - Corina Corbu - Elena Costache axis, that this group of magistrates has lost its influence at the Constitutional Court, which could lead to the loss of privileges related to rapid retirements and huge allowances.
Tense CSM Meeting
"For two weeks now, we have been observing that the laws of the country are not being respected because they do not suit the government, and in fact, what is being pursued is the replacement of the laws of the country with the laws desired by the government. To me, this seems like a defiance of the rule of law," stated Judge Laura Radu, in a tense CSM meeting held on Wednesday, July 9.
But the law of silence, which worked flawlessly in the last term of Klaus Iohannis, who had no reaction to the collapse of the justice system in Romania, no longer worked.
"We should also see the beam in our own eye before we see the speck in our neighbor's eye. (...) I don't know if this Council is the most entitled to criticize or speak about the violation of the law, given that it initiated the procedure for the appointment of the High Court President by breaking the law," said Claudiu-Constantin Sandu, prosecutor, vice-president of CSM, as quoted by Agerpres.
"There was talk about a lynching of magistrates. I do not agree with this term; it cannot be said that it is a lynching, considering that for years the results of our work, in most cases, lead to saving high-ranking defendants from criminal punishment.
It is normal for there to be a strong disappointment in the activity of magistrates within society, whether we like it or not, because that is the reality," added Claudiu-Constantin Sandu.
A Lost Battle
One of the 22 retirement requests for judges, sitting in a corner on Nicușor Dan's desk without being signed, is that of magistrate Corina Alina Corbu, who became involved in the conspiracy launched by Lia Savonea through the mysterious resignation from the leadership of the High Court of Cassation and Justice before the term ended.
Thus, she found herself with no professional prospects, with her reputation questioned by public opinion, waiting for a inglorious exit from the stage.
The issue of triggering the procedure for the appointment of the High Court President - I haven't harmed anyone. The issue of combating corruption, that we are not doing everything, regarding the beam in our own eye, we are not doing everything within our power to combat corruption in Romania.
It was pointed out here even by a colleague prosecutor, Mrs. Emilia Ion, we work with what we are served legislatively. What can we do? Go to Parliament, as suggested to us, and make laws there?"
Elena Costache, president of CSM, trying to justify her decision to attack the country's president
The body of magistrates in Romania has no support among the general public due to the issue of special pensions, early retirements, and corruption in the justice system.
In this context, the gesture of Judge Elena Costache, the president of CSM, has created a conflict between magistrates and the President of Romania that the former have no chance of winning. The era of the USL, Liviu Dragnea, and Tudorel Toader has passed.