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June 29, 2022

Returning to magistracy made easier: Prosecutors and judges who had left the system may return to their vacant position

Lawyers with an experience of over 18 years might be offered, without an exam, a position of judge or prosecutor. The modification has been discussed and approved in one of the specialized committees of the Superior Council of Magistracy (CSM). The law that regulates the activity of magistrates may undergo other changes as well, digi24.ro announces.

The CSM Committee, consisting of eleven members, prosecutors and judges, leaves an open door to magistrates who once decided to leave the system and to practice other jobs.

“Persons who have held for at least ten years the position of judge or prosecutor, who have ceased their activities for non-imputable reason, may be appointed, without a contest or an exam, in vacant positions of judge or prosecutor”, the report of CSM Committee No. 1 shows.

In the last few years, a few important persons in the legal system resigned in order to join the Government or to earn other positions.

In August 2012, Mona Pivniceru, former member of CSM and judge at the Supreme Court, was forced to leave the magistracy in order to become Justice Minister, even if she initially opposed the idea.

Mona Pivniceru, former judge: “The Government’s activity is an exclusively administrative one. The judge is forbidden to be a member of a political party and to attend political activities. I say it again: the activity of the Government is exclusively administrative.”

Mona Pivniceru was at the time being a judge at the Constitutional Court. Her term ends in seven years. If the change in the law is approved, she may return to the High Court, where she had worked before.

The same situation was also experienced by present Justice Minister Robert Cazanciuc. He had resigned from the system in 2013, before he was appointed in the Government. He has over ten years of experience in the position of prosecutor, and the last position he had held in the justice system was at the Prosecutors’ Office at the High Court of Cassation and Justice.

Horatius Dumbrava, CSM member: “We have to think it over very seriously how we can eliminate the eventual conflicts of interests because such situations may appear especially if our colleagues have held political positions. They had resigned from the system out of their own will, precisely in order to embrace political careers. Obviously, there are other examples, too.”

It is not the only suggested change. “Lawyers with an experience of over 18 years can be appointed without an exam in vacant positions of prosecutor and judge at Courts or afferent Prosecutors’ Office”, points out the report of CSM Committee No. 1

Ilie Iordachescu, former Dean of the Bucharest Bar: “I appreciate that it is useless, after 18 years of work, to attend another exam in order to accede to the profession of magistrate or to practice law. The experience is so rich that examining it would be a waste of time.”

According to digi24.ro, the proposals to change the Magistrates’ Law will be discussed at the end of August in the plenum meeting of CSM. If they are approved, the proposals will be sent to the Ministry of Justice, that may start the procedures required in order to change the law.



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