PSD senator filed 30 amendments to the law on the magistrates’ statute. The controversial provision on the magistrates’ ‘judiciary errors’
Social Democrat senator Serban Nicolae has filed 30 amendments to the law 303/2004 on the Statute of magistrates, which was adopted by the Chamber of Deputies by 179 votes to 90 on Monday.
One of the amendments says that the Finance Ministry is compelled to act against magistrates who are making judiciary errors. The amendment is changing article 96 of the law.
According to the amendments, the state will account for the prejudices caused by the judiciary errors, and the judges or prosecutors who exerted their duties in bad faith or with serious negligence will be held responsible.
At the same time, the article defines what is a judiciary error, saying a ruling is considered a judiciary error when prompting a wrong resolution of a judicial procedure and causing damage to the rights or to the legitimate interest of a person.
The article further reads that after prejudice caused by a judicial error had been covered by the state, the Finance Ministry will compulsorily take judiciary actions against the judge or the prosecutor who caused the judiciary error. The Superior Council of Magistracy can establish conditions, deadlines or procedures for the mandatory professional insurance of the judges and prosecutors. However, the article says that the professional insurance cannot delay, cut or remove the magistrate’s responsibility for the judiciary error.