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August 10, 2022

CSM nominates judge Cristina Tarcea at helm of High Court of Justice

High Court of Justice (ICCJ) Vice President Cristina Tarcea, the only candidate for the office of ICCJ President, was heard at the Superior Magistracy Council’s (CSM) Section for Judges on Thursday morning.

The CSM will nominate judge Cristina Tarcea for the presidency of the High Court of Justice, CSM President Mircea Aron announced on Thursday, Agerpres informs.

The presidency of ICCJ has been vacant since the former President Livia Staciu retired on July 13. Stanciu was then appointed judge with the Constitutional Court by decree of President Klaus Iohannis.

In her application posted on the CSM website, Tarcea states that ICCJ cannot take over court budgets starting January 2017 and she recommends defering the enforcement of this provision as the most reasonable and realist solution.

She also shows that the current ICCJ administrative capacity makes the enforcement of such a provision impossible, as the Supreme Court has been facing chronic space shortage for years, with the Economic Department’s staff having had to work in various improvised offices.

Tarcea says she is to focus her tenure on providing the proper space where the Supreme Court would be able to fully function.

She also intends to propose bills on incompatibility and dissenting opinions.

Another objective of her term in office would be finding a solution for timely resolution of appeals in the interest of the law and prior complaints, motivating and publishing decisions within the legal deadlines.

High Court of Justice Vice President Iulia Cristina Tarcea is temporarily holding the Presidency of the ICCJ, after Livia Stanciu was appointed at the Constitutional Court. Tarcea is the sole candidate for the office of President of the High Court of Justice, news.ro informs.

Tarcea (54) graduated from the Law Faculty of the University of Bucharest in 1985. From 1985 to 1990 she was member of the Ialomita Bar. In 1990 she became magistrate at the Bucharest District 3 Court. From 1990 to 2002 she was head of the Justice Ministry’s Directorate for the European Court of Justice, European Integration and Human Rights. From 2002 to 2004, she was secretary of state within the Justice Ministry during Justice Minister Rodica Stanoiu’s tenure. Since 2004 she has been judge within the Supreme Court’s Civil and Copyright Section. She has been ICCJ Vice President since September 2013, being appointed for a 3-year term by presidential decree.

According to her latest wealth statement, judge Tarcea owns a 68-square-metre apartment in Bucharest, a Dacia Nova car, and has RON 177,000 in bank accounts. She collected RON 247,492 in fiscal year 2015, representing her salary and “salary arrears.” She also collected RON 3,134, representing income for her involvement in several examination commissions.

On the Bucharest Court’s website, judge Tarcea’s name appears alongside the names of other colleagues in a civil lawsuit filed against their own institution. In that lawsuit, the plaintiffs demand to be paid “damages.” In October 2015, Tarcea sued the Supreme Court in order to be paid “salary arrears” incurred in previous years. The magistrates won the lawsuit in July 2016 and will now go to the Bucharest Court of Appeals for a final ruling.

In 2009, as a result of a wave of lawsuits through which magistrates from all over the country demanded that the Justice Ministry pay them various bonuses, the Government decided to hike the salaries of judges with the sums established by the courts, but to pay these obligations through instalments. Thus, according to an emergency ordinance dating from 2009, the Government took the commitment to: “pay 5 percent of the enforceable title in 2012; 10 percent of the enforceable title in 2013; and 25 percent of the enforceable title in 2014 and 2015 alike. The remainder 35 percent will be paid in 2016.” The magistrates are now asking for interest on these sums they have been collecting starting in 2012.

The Supreme Court President and Vice President are nominated by the Superior Magistracy Council’s (CSM) Section for Judges and appointed in office by the Romanian President, for a term of three years, term that can be renewed only once.

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