The Constitutional Court of Romania published on Monday evening the reasons for its November 9 decision to reject an appeal to the People’s Advocate regarding the law on the status of judges and prosecutors.

CCR understands that the independence of a judge does not exclude his responsibility in the performance of the position he holds, reports Agerpres.

“The independence of a judge does not exclude his responsibility in the performance of the position he holds. The judge’s responsibility lies, among other elements, in the basis of the quality of the judicial act and, implicitly, in the basis of its impartiality,” state the constitutional judges.

In their opinion, the evaluation of a judge should be carried out in connection with the activities he performs, otherwise it would be impossible to quantify the way in which he performs his functions.

“The quality of its activity is evaluated according to this criterion, which is not the only one, but is a part of several criteria, and the assessment of each individual criterion makes it possible to draw a general conclusion about the quality of the performed activity,” he noted. document of states.

In addition, the Constitutional Court says that according to Article 102 paragraph (1) of the law, judges who are dissatisfied with the qualifications provided can appeal to the Section for Judges of the Supreme Court, and its decision can be appealed to the Section for Administrative and Tax Disputes. ÎCCJ. Thus, Appendix No. 1, Clause B, Article 2, letter b) to the law does not violate part (3) of Article 124 and part (3) of Article 1 of the Constitution.

What did the UDR and the People’s Advocate complain about

On Wednesday, November 9, the Constitutional Court of Romania rejected appeals filed by the USR, the AUR and the People’s Advocate against three justice laws passed by the parliament.

The KRS rejected as unacceptable and unfounded all five appeals regarding the Law on the Statute of Judges and Prosecutors, the Law on the Judiciary and the Law on the High Council of Magistrates.

Why did the UDR attack the three laws of justice on the KKR? Stelian Ion: “The current government forced the procedure as much as possible and did not wait for the conclusion of the Venice Commission (…) It oligarchizes the entire judicial system, establishing control over what it means to carry out an act of justice. “.

The People’s Advocate informed the KRS regarding several articles of the Law on the Status of Judges and Prosecutors, which provide for:

• “Judges, prosecutors, assistant magistrates and specialists in legal matters, equal to judges and prosecutors, have the right to organize local, national and international professional organizations or to join them in order to protect their professional rights and interests and may be members of scientific or academic societies, as well as any legal entity of private law without a hereditary purpose, which may be part of their governing bodies.”
• “Judges, prosecutors, assistant justices of the peace and legal specialists equivalent to them can be members of commissions for the review or development of projects of normative acts, domestic or international documents and can have the status of experts in projects with external funding in the field of justice.”
• The People’s Advocate noted that in addition to the forms of manifestation of the right to association, the law provides for the expansion of the range of functions that judges and prosecutors can perform, which go beyond the scope of activities for the administration of justice.

Chuke’s government passed three justice laws in August that were criticized by parts of the system and civil society, and three regulations were then passed by parliament. New justice laws were drafted by the government to correct the pernicious changes made to the management of the PSD.

Associations of Magistrates spoke of the “compromising of some progress made in the fight against corruption and organized crime”, saying that “the Minister of Justice is deceiving European partners without any restraint in an insidious and endless game”, as many of the harmful changes criticized by international bodies in recent years.