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March 23, 2023

JusMin Toader: I find it normal for a law to include a provision making the magistrate accountable

Justice Minister Tudorel Toader commented on Monday upon the amendments brought to the Law No.303/2004 regarding judges’ and prosecutors statutes, especially those referring to the magistrates accountability, underscoring he wants included in the law a provision to make the magistrate more accountable, more careful in the decision-making process.

“We can find many synonyms, but there is only one idea: in Romania, nobody is above the law. In Romania, whoever does wrong, pays for it. Therefore, we have two steps, two constitutional guarantees, which say the following: the rule of law is liable for the material damages, caused by serious negligence and bad-faith – thus, the citizen, who is the victim of a judicial error, is guaranteed to be compensate by the state – afterwards, the state goes after the magistrate and climbs another ladder, a guarantee. (… ), ” the minister stated in a press statement at the Parliament Palace.

He underscored that the magistrates must be made accountable regarding their decisions.

“I said it and I repeat it: I do not want the magistrate be accountable, but I wish – and I find it normal – for the law to include a provision to make him/her accountable, more careful in the decision-making process. Because, after all, a magistrate, a single person decides the fate of another human being. And then, if one has two guarantees for a magistrate, you must, at least, have one for the citizen, who feels protected by the fact that the magistrate is held accountable,” the minister mentioned.

Furthermore, Tudorel Toader announced that on Thursday and Friday plenary workings of the Venice Commission are to be carried out, that he will attend as the member representing Romania. He also mentioned that a draft was drawn up to request clearance from the Venice Commission the moment when the bills amending the justice laws were at the Justice Ministry.

The special parliamentary committee on the justice law package amended last week the provision of the Law No.303/2004 on judges’ and prosecutors’ statutes regarding the magistrates accountability, adopting the amendments proposed by the National Union of Judges and the Magistrates Association, according to which the state “is entitled” to go against the judge or prosecutor who committed a judicial error out of negligence or in bad-faith.

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