The independence of justice, under scrutiny
The independence of justice is questioned again after judge Cristi Danileț was expelled from magistracy.
Leyla Cheamil, 15.12.2021, 14:00
The case of judge Cristi Danileț, suspended from his position by the Higher Council of Magistracy (CSM) for posting some videos on social networks, sparked a number of reactions in Romania. The decision can be appealed. Danileț says to his defense that the videos in question have nothing to do with his profession, as they only refer to his private life. He said: ˮCSM decided to suspend me from magistracy due to two videos posted on Tik Tok last year: in one video I appear cutting my garden hedge and in another cleaning a swimming pool. I did not do, at that moment, any mention of the Justice and the images are not linked to my profession. It is my private life and I do not wish to give explanations for it to anyone. It is my suspension that stains the image of Justice.ˮ
Justice Minister Catalin Predoiu has said that CSM took a great risk by deciding to suspend judge Cristi Danileț. He has also said that if this is the new level of exigency that CSM wants to impose, then it should be imposed without exception. The US Embassy in Bucharest also had a sharp reaction to the Higher Magistracy Council s decision, by voicing its deep concern about it. “An independent justice that respects the rule of law is essential for any prosperous democracy,” the US Embassy said in a statement posted on its website, encouraging the new Romanian government to continue judicial and anti-corruption reforms.
In another development, PM Nicolae Ciucă met with the head of the European Commission Representation in Bucharest, Ramona Chiriac, during which Romania s priorities regarding the Cooperation and Verification Mechanism, the accession to the Schengen area and the Organisation for Economic Cooperation and Development were presented. Created following the EU accession of Romania and Bulgaria in 2007, the Cooperation and Verification Mechanism (CVM) ensures their progress in terms of judicial system, the fight against corruption and organized crime.
The European Commission vice-president, Vera Jurova, has recently voiced her readiness to support the acceleration of justice reforms, so that Romania can fulfill its objectives under the CVM, which can be lifted based on concrete on-site results. Another hot topic is the dismantling of the Special Section for the Investigation of Crimes in the Justice System, whose activity has been criticized by the European Commission, which suspects that it was set up with the intention to transfer sensitive files from the Anti-Corruption Directorate towards itself. In November, PM Ciucă announced that the new PSD-PNL-UDMR government would initiate, by March 2022, a draft law by which the Section should be replaced with another structure that would take over documents under work. (EE)