CSM row continues as regional courts vote the recall of members

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Both Alina Ghica and Cristi Danilet, both CSM members, state that no case stipulated by law was invoked for their recall. Meanwhile, CSM President Oana Schmidt Haineala states that the request filed was not for her recall but for the recall of the decision through which she was elected.

After Oana Haineala’s election at the helm of the Superior Magistracy Council (CSM) sparked a whole row, being contested even by Justice Minister Mona Pivniceru, it seems things have not calmed down. Thus, Haineala stated on Wednesday evening that the request filed was not for her recall but for the recall of the decision through which she was elected on January 4, pointing out that the magistrates’ associations did not invoke procedural flaws but only the custom that the head of CSM should be a judge. However, according to law 317 that is not mandatory. “There’s a difference. As an administrative act it can be recalled, retracted by the body that issued it until the moment it enters the civil circuit and starts producing juridical effects. That moment came on Monday. Basically my mandate as CSM President started on Monday,” the CSM President stated for Mediafax. Asked how the European Commission will look on the situation created as a result of the magistrates’ protests, Haineala stated that it is very difficult to anticipate at this point but that the EC will probably follow the developments and will expect “a balanced attitude from the actors involved.” She added that she does not believe that the CSM will receive “a minus,” pointing out that this is her personal opinion. At the same time, both Alina Ghica and Cristi Danilet state that no case stipulated by law was invoked for their recall. Thus,  Ghica, the former CSM President, stated yesterday that none of the cases stipulated by law was invoked when asking for her CSM membership to be recalled. “Of course, in case such a conclusion is reached I will respect the decision adopted by the general assemblies,” she  stated against the backdrop in which judges from the Cluj Court of Appeals convened their General Assembly yesterday in order to discuss her recall. At the same time, the Ramnicu Valcea Court started on Wednesday the procedure to have Cristi Danilet recalled from the CSM, being of the opinion that he inappropriately exercised his prerogatives as CSM member by participating in a non-transparent procedure in order to elect the institution’s leadership. According to Mediafax, Courts from Targu Mures, Reghin, Tarnaveni and Toplita have also called for Danilet to be revoked from CSM. The move comes as a following to the procedure launched in Ramnicu Valcea. On the other hand the judges of the Cluj Court of Appeal voted yesterday for the recall from CSM of Alina Ghica, on grounds that ‘she inappropriately carried out her duties.’ They will discuss the situation of Horatiun Dumbrava and Alexandru Serban on Friday. Danilet however claims that he expressed his vote within CSM and cannot be recalled for that, adding that he has honor but has no reason to resign. The judge also stated that he cannot be recalled just for the way he voted last week because that would mean losing his independence.

Down from AMR leadership

Judge Marcel Gavris on Wednesday resigned from the leadership of the Romanian Magistrates Association (AMR) half an hour before the plenum session of the CSM, having refused to rally to the AMR stance on the resignations and revocations of the Council members.  According ‘Evenimentul Zilei’, he was replaced by Judge Dan Spanu, who was reinstalled as AMR president. In his resignation statement, Judge Gavris said he resigned “from personal reasons”. According to sources cited by ‘Evenimentul Zilei’, Judge Gavris stepped down due to pressure put on him to rally to a groundless, illegal, stand with which he disagrees.

Bucharest Court of Appeal wants all CSM members revoked

In an unexpected development in connection to the CSM scandal, the Bucharest Court of Appeal (CAB), made up of 188 judges, which nearly matches that of nearly six courts of appeal in this country, was to call yesterday for the revocation of all the CSM members, according to ‘Revista 22’, on grounds mostly of what they call the undignified behavior of judge Horatiu Dumbrava at the CSM election last Friday. The majority of CAB judges are also unhappy at the performance of other CSM members including Serban Alexandru, Adrian Neacsu, Marius Tudose and Mona Lisa Neagoe, for “playing into the hands of the politically-elected minister” , Mona Pivniceru, writes ‘Romania libera’, quoting CAB sources. CAB President Lia Savonea confirmed to Romania libera that signatures are collected for the revocation of all the CSM members.