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Bucharest
May 13, 2021
JUSTICE

Open letter of CSM to Iordache: Justice must remain a power of the state, of the honest people . Magistrates, Magistracy Institute students protest outside Bucharest Court of Appeals against amendments to judicial laws .Silent protests in Iasi, Brasov and Timis

The Superior Council of Magistracy (CSM) sent on Monday an open letter to the Chairman of the Specialized Parliamentary Committee for the Laws on Justice, Florin Iordache, stating that “Justice must remain a power of the state, of the honest people”.

“The magistrates are part of the society, who, beyond the statute, when they have dissatisfaction and warn on imminent and major dysfunctions of the system by initiating regulations, they must make them known in ways that do not affect the profession, the prestige, the interests for which Justice is made. Justice must remain a power of the state, of the honest people, for all of us”, CSM President Mariana Ghena stated.

Mariana Ghena says there is a possibility that protests of the magistrates of certain courts and prosecution offices “whose dimension and length cannot be estimated at this moment” will take place on Monday.

“It is clear that magistrates should not be given reasons to express through such manifestations, especially when their reaction can be justified by a possible imbalance in making the act of justice. You certainly know how much time magistrates need to take such a decision. And if they took it, it means there is necessary to exist the possibility to identify viable and forward-looking solutions together. When such reactions are expected even from inside the system, related to proposal of changing laws on the activity of the judiciary and of the Justice in general, this should be considered by the whole society, and especially by the initiator of the law” is Ghena’s message to Florin Iordache.

Mariana Ghena also says that the participation of the CSM, through representatives, at the proceedings of the debates, is the expression of the judiciary’s availability to an open dialogue and of the desire to help building a sustainable regulation.

“The institutional position of the Council, resulting from the consultation of the magistrates’ body, is a fair one, denoting respect and involvement towards the proceedings of the legislative debates, as well as interinstitutional dialogue, being aware that the final decision belongs to the Parliament. However, even in these circumstances, the legislative power should represent the general interest of the society. If the magistrates’ concerns have come to be expressed this way, it means that beyond any reason of the urgency, they must be analyzed immediately” Ghena states in the letter sent to Iordache.

The CSM President asks Florin Iordache to initiate “the most appropriate steps to be immediately applied so that the reasons that caused dissatisfaction will be evaluated, debated and understood by and with the magistrates’ body, to the benefit of the whole society”.

“However, the Superior Council of Magistracy equally restate that dialogue and mutual and loyal active listening of the discussion partners is the most useful and efficient instrument to identify the solutions to the society’s problems. In this context, in the name of the whole judiciary, I am asking you, Mister President, to let the Superior Council of Magistracy to consult the magistrates’ body in order to make technical amendments and remarks on the text of the proposal to amend the Criminal Code and the Criminal Procedure Code which are subject to the parliamentary debate” is also Ghena’s message to Florin Iordache.

 

Magistrates, Magistracy Institute students protest outside Bucharest Court of Appeals against amendments to judicial laws .Silent protests in Iasi, Brasov and Timis

 

Around 300 magistrates and Magistracy Institute students staged a protest outside the Bucharest Court of Appeals on Monday, expressing their discontent with the amendments brought in Parliament to the judicial laws and the Criminal Codes.

Some of the magistrates held the Romanian Constitution.

“I swear to observe the Constitution and the country’s laws, to defend the fundamental rights and freedoms of the person, to carry out my prerogatives with honour, conscience and without bias. So help me God,” read the message written on the protesters’ signs.

The magistrates also held in their hands the robes they wear in the courtroom.

Similar protests were staged in several parts of the country, including Galati, Brasov, Slatina, Covasna and Constanta.

The magistrates oppose the amendments to the Criminal Codes announced within the special parliamentary committee.

Several prosecutors and judges posted on their Facebook pages messages explaining the consequences of the modification of the Criminal Codes, all titled “Why the amendments to the Criminal Code and Criminal Procedure Code affect you.”

 

Magistrates stage silent protests against amendments to judicial laws in Iasi, Brasov and Timis

 

Almost two hundred prosecutors and judges protested on Monday evening outside the Palaces of Justice in Iasi, Brasov and Timis. The magistrates’ protests against the amendments to the judicial laws were silent, the magistrates refusing to make any statements, the Mediafax correspondent informs.

The magistrates who staged the protest in Iasi on Monday evening state they are sympathetic with their colleagues throughout the country but do not want to comment on the amendments brought to the Criminal Code and the Criminal Procedure Code.

Florin Casuneanu, Head of the Prosecutor’s Office attached to the Iasi Court of Appeals, stated for the press that it is difficult to single out which of the amendments is the worst.

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