Opinions of the Office of Consultative Council of European Judges and the Office of the Consultative Council of European Prosecutors, issued in 2019, regarding the situation of the independence of judges and prosecutors in Romania Cover Image

Avizele Biroului Consiliului Consultativ al Judecătorilor Europeni și Biroului Consiliului Consultativ al Procurorilor Europeni emise în anul 2019 cu privire la situația independenței judecătorilor și procurorilor din România
Opinions of the Office of Consultative Council of European Judges and the Office of the Consultative Council of European Prosecutors, issued in 2019, regarding the situation of the independence of judges and prosecutors in Romania

Author(s): Dragoş Călin
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Consultative Council of European Judges; Consultative Council of European Prosecutors; judicial system; Judicial Inspection; Superior Council of Magistracy;

Summary/Abstract: The recent Opinions condemn the repeated and unprecedented attacks of the political actors against the judges and prosecutors in Romania (made by any statements, comments or remarks that go beyond the bounds of legitimate criticism and seek to attack, intimidate or otherwise pressure judges/prosecutors or which demonstrate disrespect to them, by using simplistic, irresponsible or demagogic arguments or otherwise denigrating the legal system or the judges, as individuals), confirming the magistrates' right to protest against policies or actions that affect their independence, in a climate of respect and in a manner that corresponds to the need of maintaining the independence or impartiality of justice. Also, the Opinions criticize some of the essential legislative changes for an independent judiciary in Romania (the procedure of dismissal of the members of the Superior Council of Magistracy; the material liability of judges and prosecutors; the establishment of a separate special section for investigating the offences committed by magistrates; the new obligation imposed to judges and prosecutors, which limits their freedom of expression).

  • Issue Year: 2019
  • Issue No: 2-3
  • Page Range: 149-175
  • Page Count: 27
  • Language: Romanian
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