Update: CSM – open letter to Florin Iordache: Respite needed to consult magistrates. Magistrates on protest in major cities

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The Superior Council of Magistracy (CSM) has sent an open letter on Monday to the chairman of the Special Parliamentary Committee on the Laws of Justice, Florin Iordache, reading that “Justice must remain one of the state powers, of the righteous people.”

“The magistrates are part of the society, which, besides their statute, when having complaints and want to draw attention to imminent system malfunctions through regulations, have to make them known in ways that do not affect the profession, the prestige, the interests of Justice. Justice must remain in one of the state powers, of the righteous people, for all of us,” CSM chairman Mariana Ghena wrote.

Mariana Ghena says that there may be some manifestations of magistrates on Monday, from certain courts and prosecutor’s offices “on a scale and duration that at this moment we cannot estimate.”

“It is certain that magistrates should not be given reasons to express themselves by resorting to such manifestations, especially when the reaction can be justified by a potential imbalance in the act of justice. You certainly know how much time magistrates need to take such a decision, and if they did, it means that there is a need for availability to identify together viable and forward-looking solutions. When proposing amendments to the laws on the judiciary and on Justice generally, such reactions are expected even within the system, this should be reason for thought by the whole society and, above all, by the legislative initiator,” Ghena tells Florin Iordache in the open letter.

Mariana Ghena also says that the CSM attendance to the debates, through representatives, is the expression of the open judicial system’s willingness to contribute to the building of a lasting regulation.

The CSM Chairman requests Florin Iordache to initiate “the most appropriate steps, immediately applied, so that the reasons for the dissatisfaction are assessed, debated and understood by along with the body of magistrates for the benefit of the entire society.”florin iordache judiciary

“Equally, however, the Superior Council of Magistracy reaffirms that the dialogue and hearing in good faith and actively the discussion partners is the most useful and effective tool for identifying the solutions to the problems faced by the society. In this context, on behalf of the entire judiciary, I call on you, Mr Chairman, to allow the Superior Council of Magistracy a respite to consult the body of magistrates in order to make some technical amendments and observations on the text of proposals to amend the Criminal Code and the Criminal Procedure Code, currently in parliamentary debate,” Ghena tells Florin Iordache.

Hundreds of magistrates in Cluj, Constanta Bucharest, Salaj, Maramures, Bistrita-Nasaud, Braila, Galati, Covasna and Brasov on protest

Tens of magistrates have protested on Monday in front of the Courts in Cluj and Constanta, against the non-transparent amendments to the laws of justice, ‘Actual de Cluj’ and ‘Info Sud-Est’ inform.

“We are unable to keep our word, the instruments have been limited to us. We can no longer carry out the act of justice. We should have a say,” the magistrates say.

The judges and prosecutors in Cluj have come out in front of the Court of Appeals. Judge Cristi Danilet, DNA Cluj chief Anca Marincean and DIICOT Cluj chief Florin Manoila joined the protest against the amendments to the laws of justice and to the Criminal Codes. The number of protesters reached about 100 people.

About 50 judges and prosecutors have protested about have an hour in front of the Constanta Court. Five National Anticorruption Directorate (DNA) prosecutors joined the protest in Constanta.

The courts’ activities were ensured by one third of the personnel.

Other protests took place in Bucharest, Salaj, Maramures, Bistrita Nasaud, Galati, Braila, Covasna and Brasov.

It is for the first time in the past years when the magistrates express disagreement against the decisions made by the parliament.

 

 

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