Senate’s Speaker Calin Popescu-Tariceanu notified Judicial inspection regarding the opinions expressed by Judge Cristina Tarcea, the President of the ICCJ, saying that they lead to pressure on the members of the Parliament and to the violation of the separation of powers.
“I am demanding an assessment within Judicial Inspection, on the opinions publicly expressed by Judge Cristina Tarcea, President of the High Court of Cassation and Justice, on October 28, 2017, related to the draft laws on Justice. On this occasion Judge Crisina Tarcea stated: “We need all of you. People must know that the disengagement of the Justice Ministry is a monstrosity previously planned. WE MUST NOT ALLOW TO HAVE GENERAL DISCUSSIONS, OR EVEN WORSE, DISCUSSIONS ON THE MERITS. This doesn’t suppose that THEY CAN DO WHATEVER THEY WANT, AND WE ARE SILENT… ICCJ was always with YOU!!! The important thing is to be united!!! And believe me, we need you more than ever.”
Please check these opinions expressed by Judge Cristina Tarcea as carefully as possible and according to the Constitution’s provision; by them, she departs from the status of a magistrate, instead adopting a political behavior which is incompatible to her position of a representative of the judiciary” reads the notification sent by the Senate’s Speaker.
Tariceanu says that the President of the High Court of Cassation has seriously breached the law provisions, according to which, in their exercise of duties, magistrates are obliged to refrain from expressing or showing, in any manner, their political opinions.
“I wonder how Mrs. Cristina Tarcea will be able to exercise the judge position with objectivity and impartiality, having the law as the sole ground – as she is obliged by Art.3 par.(2) of the Deontological Code – if she makes now a public call to her fellows in order to be against the debate, in the legislative body of the country, on the draft laws related in the most direct way the strengthening of the independence of Justice. I am asking Judicial Inspection to find that by Judge Cristina Tarcea’s call, she willingly assumes the position of an adherent to an illegitimate power group, since she urges judges “not to allow to have general discussions, or even worse, discussions on the merits” related to a legislative proposal, which was finally assumed by a group of parliamentarians. Please note not only an irresponsible behavior of institutional rebelliousness, but also a flagrant violation of the constitutional principle of the separation of the three powers in the state. According to this principle, initiating draft laws is an attribute of the legislative power and of the executive power by constitutional delegation. In the end, this activity is an act of legislative policy, reserved by Constitution to the cooperation between the executive and legislative powers” the letter also reads.
The Senate’s Speaker also mentions that: “Judge Cristina Tarcea challenges, from her high position and with all the influence coming from it, the constitutional right of the Parliament to make laws and besides she calls to disobedience. Since judges don’t have institutional ways to intervene in the legislative activity, or to formally oppose to adopting certain laws, Mrs. Cristina Tarcea must explain how she understands that the members of the judiciary can “not allow to have general discussions, or even worse, discussions on the merits” related to certain legislative proposals. Is this a call to civic disobedience, to public meetings? Is this a standard of professional behavior for a magistrate? She urges judges to violate the principle of separation of powers, threatening Parliament extremely transparently. By this behavior, Mrs. Cristina Tarcea puts pressure on the members of the Parliament to intimidate them with the veiled threat that they could enter into a procedural mixer by means of criminal repression whose efficiency has been already checked”.