Romania’s President Nicusor Dan has announced a referendum among magistrates about corruption in the system following a damning documentary, days of protests and a letter signed by hundreds of disgruntled judges and prosecutors.
Mr. Dan said the referendum which will be organized in January will ask magistrates: “Does the Superior Council of Magistrates (SCM) act in the public interest or in the interest of an interest group in the judiciary?”
If a majority responds that the judiciary does not represent the public interest, “the SCM will be disbanded urgently,” he added.
The Romanian president said he hundreds of magistrates had written to him alleging that some top magistrates, members of the Superior Council of Magistrates and court judges who are obedient to an interest group and the magistrates are dependent on their rulings which is often discretionary.
“Even promotions to the High Court of Cassation and Justice (Eds: Romania’s top court) were made on criteria of obedience to this group that runs the justice system and not on criteria of professionalism,” the president said, summarizing the content of the notifications received.
However, judges hit back saying the president had overstepped his authority.
“The Superior Council of Magistrates, in its constitutional capacity as a guarantor of an independent justice system, exercises its powers autonomously and will not tolerate any form of interference, direct or indirect, in the activity of the judicial authority,” judges wrote. It was unclear if they would block a referendum or not recognize the results if one was held.
Hundreds of Romanian magistrates this month denounced what they say are systemic abuses in the judiciary. They were backed by business leaders who called on the government to boost transparency and protect magistrates who speak out.
The action came after a documentary claimed that politically-appointed chief judges have perverted the system, including questionable acquittals and disciplinary action for judges or prosecutors who complain.
Some judges and prosecutors signed an open letter published on social media detailing “profound and systemic dysfunction” in the justice system.
Romanian justice protests: hundreds of magistrates denounce ‘systemic abuses’ of judiciary
