Magistrat. Limitele libertății de exprimare. Încălcarea obligației de rezervă
Magistrate. Limits of freedom of expression. Violation of the reserve obligation

Summary/Abstract: moderation Meets the constitutive elements of the disciplinary violation provided by art. 99 lit. a) of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions, the conduct of the judge regarding the post on a social network of a comment in which he expressed in an unprincipled manner, inappropriate to the status of magistrate, which was likely to questions the credibility of some state institutions, suggesting that they are politically controlled, while presenting the possibility of the army "going out on the street" as a "solution" to guarantee constitutional democracy. It also circumscribes the constituent elements of the above-mentioned misconduct and the judge's comment: "Behold, this prosecutor with blood in the facility openly speaks about dangerous criminals at large, about bad ideas of governments in amending the justice laws, about lynchings against magistrates", posted on the same social network, with reference to an article published on a press site, motivated by the fact that it uses a language that far exceeds the limits of decency and even more so the limits imposed by the status of magistrate. Defending the judge in the sense that the post is not related to his activity as a judge, but to his concerns as a citizen, does not remove disciplinary liability given that a magistrate must show and caution in expressing their views both in the exercise of office and in private life, precisely in order not to create a negative public perception regarding the impartiality, independence and prestige of the judiciary.

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