The Superior Magistracy Council (CSM) convened on Wednesday in order to elect its new leadership, judge Mircea Aron running for the office of President and prosecutor Luminta Palade for the office of Vice President.
Also entered on the agenda of the CSM plenary meeting was the presentation of the institution’s 2015 activity report during the term of judge Marius Tudose and prosecutor Bogdan Gabor, who served as president and vice-president, respectively.
Mircea Aron was born on April 28, 1952. He graduated the Bucharest Law Faculty in 1981 and one-year post-university courses in Penal Sciences (1993-1994).
He authored a series of scientific papers, presenting them at conferences and symposiums such as the Stability Pact for Southeast Europe session in Budapest in 2000. He has been a member of CSM since January 7, 2011.
In the project he presented for his bid, judge Mircea Aron states that CSM has to manage in the best conditions of transparency and fairness the procedures concerning appointments on leadership positions within the High Court of Justice (ICCJ), the High Court of Justice’s Prosecutor’s Office and the National Anticorruption Directorate (DNA).
In his opinion, one of CSM’s priorities in 2016 should be the notifying of Parliament in what concerns CSM’s proposals to modify the laws concerning the judiciary, proposals based on a serious analysis of the judiciary system’s needs and reached after the courts, the ICCJ, the MP and INM were consulted.
Luminita Palade was born on December 11, 1968. She graduated the Sanitary High School in Bacau (1987) and the Bucharest Law Faculty (1994) and has been a member of CSM since 2013.
Report on 2015: Disciplinary actions’ worryingly high
The number of disciplinary actions against some magistrates has recorded last year a “worryingly’ increase, according to the Superior Council of Magistracy (CSM)’s activity report on 2015.
“So, at the Section for justices’ disciplinary matter 42 actions were recorded, and at the Section for prosecutors matter 11 disciplinary actions were recorded in disciplinary matters. The enforcement of the disciplinary sanction of exclusion from magistracy in 2015 for six justices leads to the conclusion of increasing proficiency of the activity of the Directorate for justices within the Judicial Inspection and of the degree of responsibility and firmness of the justices’ Section in disciplinary matter of the Council. But, beyond the sanctions’ process the adoption of some broader measures to preventing such misbehavior is necessary,” on Wednesday said the outgoing CSM president, Marius Tudose, who read the report according to Agerpres.
He specified that in 2015, the CSM’s priority target was the institutional strengthening of the judicial authority.
According to Tudose, the main feature of the CSM activity on 2015 was the persevering orientation towards concrete, applied projects rigorously supported through actions and activities with an outcome.
The outgoing CSM president has specified that another priority of 2015 was to draft a joint point of view of the judicial system, accordingly by promoting amendments proposed by the Council, in connection with the numerous and various [propositions of alteration and completion of the Criminal Code and of the Criminal Procedure Code, with a view to adapting the contained provisions, in accordance to the decisions of the Constitutional Court, to the realities and necessities resulted from their practical enforcement.
President Iohannis did not attend the meeting
Presidential aide Simina Tanasescu with the Institutional and Constitutional Reform Department represented the Presidency at the CSM meeting since President Klaus Iohannis is still on vacation in the United States. Tanasescu stated when leaving the CSM that she hopes that the institution would overcome the vulnerabilities.
Tanasescu said that she wants to see the projects related to the magistrates’ assessment finalised.
“We want to see the projects related to the magistrates assessment finalized in a reasonable time, and – why not – some requirements related to the length of service introduced right at the admission to the profession, not just for promotion; these are elements you will definitely have in view and maturely weigh up,” said Tanasescu.
In her opinion, enhanced efforts are needed towards ensuring the efficiency of the act of justice, increasing transparency and openness towards the litigant.
Tanasescu also considers that the Romanian judiciary is now at a moment when it needs to switch to a new stage, from institutional strengthening to maximizing the efficiency of the public service in justice administration.
The presidential advisor also remarked that she is pleased to see an improvement even in the layout of the meeting hall, which would have a positive impact on the works of the Council.
“The CSM report talks about several vulnerabilities and stipulates some measures to address them too, some attempts to address them, just as I stated during the Council meeting. We hope CSM would manage to overcome those vulnerabilities,” Tanasescu said.
At the same time, she expressed the need for experience when new members join the magistracy. “The CSM report talks about hiking the years of experience requirement when it comes to job promotion. I pointed out solely as a personal opinion a possible course of reflection, in the sense of imposing a requirement for experience at the admission to this profession,” the presidential aide added.