The President of the High Court of Cassation and Justice (ICCJ), Cristina Tarcea (photo), says that the Supreme Court judges have been and will continue to be pressurized, but they must not allow that.
“Judges of the High Court, who – this is the competence provided by the law – are judging the causes according to the quality of the person, there have always been and will be pressurized. It is important that the judges of the High Court are strong, righteous and vertical”, said Cristina Tarcea on Thursday, at Superior Council of Magistracy (CSM), where Corina Corbu, the only magistrate to run for ICCJ’s chairmanship, was interviewed by the Judges’ Section.
Cristina Tarcea considers that the difficulty of a mandate of the Supreme Court president depends to a large extent on the social context.
“Any mandate of the President of the High Court is difficult, and at the same time I have to admit that the difficulty of a mandate also resides in the social context. So I do not have all the data to tell you to what extent a mandate will be a difficult mandate or not,” the president of the Supreme Court emphasized.
Asked if she knew why no more candidates entered the competition for the ICCJ helm, Cristina Tarcea replied: “I could not give you an exact answer, but I think that the legality of the procedure today would be an argument.”
“Procedure to elect new High Court head raises legality problems”
Cristina Tarcea also said that the procedure initiated by the Superior Council of Magistracy (CSM) regarding the appointment of Corina Corbu at the head of the Supreme Court raises legality problems, as the deadline for submitting the candidacy has not been met.
During the CSM interview, Tarcea asked Corina Corbu if she assumes the “vulnerability” of the Supreme Court because she is participating in an unlawful procedure.
“I would like your point of view. Do you follow the legal procedures in today’s procedure? Do you assume the risk of a High Court vulnerability by taking part in a procedure that may raise issues of legality? (…) The law says: the judges of the High Court meeting the conditions set out in paragraph (1) may submit their candidacies for the office of president, vice-president or president of section within 30 days from the date on which the office of president, vice-president or section president has become vacant. (…) It is not about the interpretation of the law, because the legal terms are unequivocal,” Tarcea asked Corina Corbu.
Cristina Tarcea’s mandate at the head of the Supreme Court expires on September 14.
“If this procedure is outside the law or not, I do not think I can pronounce myself. It is a matter of interpreting the text,” Corina Corbu answered.
Tarcea was interrupted several times by CSM head Lia Savonea, who pointed out that the questions should refer to the management plan.
Article 53 of Law 303/2004 stipulates: Paragraph (1) – “The president, deputy president and presidents of section of the High Court of Cassation and Justice shall be appointed by the Section for Judges of the Superior Council of Magistracy from the judges of the High Court of Cassation and Justice who have been in this instance for at least 2 years and who have not been sanctioned in the past 3 years”; (4) – “The judges of the High Court of Cassation and Justice who meet the conditions stipulated in paragraph (1) can submit their candidacies for the position of president or vice-president of the High Court of Cassation and Justice or chair of the Section for Judges of the The Superior Council of Magistracy, within 30 days from the date on which the position of president, deputy chair or chair of the section has become vacant.”