POLITICS

CSM: If the separation of powers is not clearly outlined, the judiciary is not a state power anymore

After the September 1 rally in Sfantu Gheorghe, the plenum of the Superior Council of Magistracy (CSM) accepted on Wednesday the petition for the defense of the independence of the judicial system and magistrates “in achieving the act of justice as a result of the criticism leveled at the Buzau Court ruling over the criminal case 13020/200/2011” whereby persons have been sentenced for the abusive retrocession  of the “Szekely Miko” College in that municipality. “If the separation of powers is not clearly outlined, then, the social reality is uncertain, and the judicial power is not a state power anymore, but only a state function, so that the separation no longer regards state powers, but state functions,” said CSM, according to which the law must stipulate sanctions against the persons trying to influence judges in  inappropriate manner when commenting on judicial decisions, or any other organization, institution or entity must avoid criticisms that would undermine the independence of the judicial power or weaken public trust in the judiciary. Also, Council members say that the concerted attacks on the judicial power come from reasons other than guaranteeing Romania’s institutional stability, and have in view personal or political interests contrary to the rule of law and lead to the country’s image being deteriorated abroad and to its isolation as an EU member state. Also at Wednesday’s session, the CSM plenum took note of the resignation application submitted by Georgiana Iorgulescu, a civil society representative in the Council.  “Romania’s Senate will inform with one of the two civil society representatives positions in CSM being vacated, so that the assignment proceedings are launched for a new such representative,” the Council announced. We mention that Iorgulescu tendered her resignation from CSM after the Aug 23 plenum session, on grounds of a “massive collision” between her values and principles and those of the other members of the institution.

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