An organisation of Romanian Judges has initiated a collection of signatures among magistrates in support of a memorandum requesting PM Mihai Tudose and Justice minister Tudorel Toader to drop a set of bills aimed at changing the legislation for the functioning of the Romanian judiciary, which have been harshly criticized as an attempt to stifle the independence of the Justice system.
According to the memorandum, obtained by HotNews.ro, the Romanian Judges Forum asks for a "clear and effective dialogue with magistrates" to improve the legislative framework. The Superior Council of Magistracy on Thursday gave a negative notice to the laws of justice submitted by Minister Toader more than a month ago. On the first day of transmission to the General Assemblies of Magistrates, the memorandum has collected several hundred signatures and the process has not yet ended.
Even though the draft bill contains proposals of the Superior Council of Magistracy, magistrates or professional associations, formulated over time, they are simple corrections of the current system, not an untrustworthy preparation of a genuine "judicial experiment", in the absence of any studies and forecasts, which can cause consequences very difficult or even impossible to remedy, it says.
Therefore, "in view of the overwhelming will of the majority of magistrates", signatories ask the two ministers that in order to remove any doubts about the diversion of this project to the detriment of the magistrates, to have it withdrawn (rejection within the Government, as the case may be, avoiding the submission to the Parliament). They ask the minister of Justice to initiate and to develop a clear, effective dialogue with magistrates, the Superior Council of Magistracy, professional associations of judges and prosecutors, to improve the legislative framework, after carrying out appropriate impact studies and after presenting serious and credible motives regarding the proposed changes, in the purpose of modernizing justice, in line with the Cooperation and Verification Mechanism, says the memorandum prepared by the Judges Forum in Romania.
According to the Romanian Judges Forum, the essential changes proposed by the Minister of Justice "are in flagrant breach of the Cooperation and Verification Mechanism, its constant reports and the foundations of a natural magistracy in a democratic state." The Memorandum text shows that once enacted, these proposals will influence the career and professional activity of magistrates for a long time and will cause imbalances in the judiciary system, aspects that have been repeatedly condemned by the European Commission.
On the other hand, Justice Minister Tudorel Toader said on Monday that rewriting the draft laws of justice was not being discussed. According to Toader, quoted by news agency Agerpres, the proposed package has many solutions coming from the Supreme Court of Magistracy (CSM), has many solutions to agree with the Constitutional Court's solutions.