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April 16, 2021
JUSTICE POLITICS

JusMin Toader after meeting with magistrates to discuss Emergency Ordinance amending the judicial laws : It was an open dialogue, with arguments and counter-arguments, where both parties sought for and found the best solutions for the system. We agreed to set up a dialogue mechanism, OUG art. 54 abrogated. CSM: Proposal on reasonable time for issuance of consultative opinion, approved

Justice Minister Tudorel Toader on Monday announced that the Government agreed with the magistrates, in respect to the Emergency Ordinance (OUG) modifying the justice laws, to create a mechanism of dialogue between the parties, to focus on the conclusion of a Memorandum, so that each draft of a normative act proposed by the Government, besides the transparency of the decision-making process, be sent to the CSM (Supreme Council of Magistrates) by at least five days prior, for analysis, debate and approval.

Toader also mentioned PM Dancila was among those who attended the meeting with the magistrates.

“It was an open dialogue, with arguments and counter-arguments, where both parties sought for and found the best solutions for the system and for the socio-juridical period that we are crossing. (…) All the participants appreciated the open dialogue based on arguments and counter-arguments. From the very start we’ve made the distinctions between the opportunity of legislating (…) and lawfulness, the constitutionality of legislation, with a special mention to the principle of separation of state powers and separation of careers between the judges and prosecutors. The main solutions we agreed upon refer to the creation of a mechanism of dialogue so that the CSM, which is the authority of approval in such matters concerning the modification of justice laws, on the one hand, and the Government, on the other hand, since we are talking about an ordinance, to conclude a Memorandum, so that each draft of a normative act proposed by the Government, besides the transparency of the decision-making process, be sent to the CSM by at least five days prior to be analyzed, debated upon and approved. (…) We also agreed to abrogate art. 54 [the one referring to prosecutors – editor’s note],” Tudorel Toader stated at the Victoria Governmental Palace.

Another issue discussed on the same occasion was related to the salaries of IT employees in the juridical system. “We will increase the salaries, according to the principle “one right that was given cannot be taken away,” so that we will recover for them what they lost through consultations with the Labour Ministry, the Finance Ministry, and at the same time we will standardize the level of salaries in the system for IT employees,” said the Minister of Justice.

Among those attending the discussions at the Government headquarters were, according to the Justice Minister, representatives of the CSM, UNJR (National Union of Judges in Romania), the Association of Magistrates in Romania, the Association of Prosecutors in Romania, Judicial Inspection and the Special Section for Investigating Crimes in Justice.

 

CSM: Proposal on reasonable time for issuance of consultative opinion, approved

 

The Superior Council of Magistrates (CSM) announces that the proposal regarding the provision of a reasonable time for the issuance of the consultative opinion was approved following Monday’s meeting between the president of the institution, judge Lia Savonea, and Prime Minister Viorica Dancila.

“On the basis of the mandate granted today by the plenum of the Superior Council of Magistrates, the president participated in the meeting with the Premier, at the Government seat. Following these discussions, the proposal of the Superior Council of Magistrates was agreed on regarding the provision of a reasonable time for the issuance of the consultative opinion, the maintenance of the requested made by the Council, as well as the measure to abrogate the amendments made to the provisions of Article 54 paragraph (1) of the Law No. 303/2004 on the status of judges and prosecutors regarding the possibility of appointing judges in the positions of leadership at the prosecutors’ offices,” reads a CSM release.

According to the same source, at the CSM meeting where the effects of OUG 7/2019 were analyzed, magistrates expressed that the principle of loyal interinstitutional cooperation requires a reasonable time to express the consultative opinion, even in cases where the adoption of a normative act as a matter of urgency is necessary.

 

Read also:

PM Dancila: Not giving up on OUG 7/2019; some issues bring dissatisfaction, substantiated, they could be changed. Dragnea: Premier slated to meet magistrates’ associations. DIICOT suspends its activity 4 hours a day as a protest over adoption of OUG No.7/2019

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