The referendum on the Superior Council of Magistracy (CSM) will be held by postal vote, with ballot papers sent to the courts where the magistrates consulted are based, sources in the Presidential Administration said on Monday.
President Nicusor Dan met on Monday at the Cotroceni Presidential Palace with 51 magistrates in three rounds of talks. The first meeting, with 11 magistrates, was broadcast online by the Presidential Administration, while the other two sessions, each involving 20 judges and prosecutors, were held behind closed doors at the magistrates' request to ensure confidentiality.
According to the cited sources, among the most serious problems raised during the discussions were magistrates' fear of being removed from the system, pressure on prosecutors and judges not to express opinions contrary to the CSM and to be compliant, as well as the poor level of training of those who pass promotion exams to the High Court of Cassation and Justice.
As a result, the sources said, it is 'essential' to eliminate subjectivity in promotion competitions within the judiciary, with multiple-choice tests being one option under consideration. They also noted the need to share the power held by court presidents. At the same time, questions were raised regarding the composition of the Judicial Inspection, Agerpres informs.
In a press release on Sunday, President Nicusor Dan announced that he would initiate, in January, a referendum within the body of magistrates with a single question: "Does the Superior Council of Magistracy act in the public interest, or in the interest of a group within the judicial system?"
"I will initiate in January, immediately after the holidays, a referendum within the body of magistrates with a single question: does the Superior Council of Magistracy act in the public interest, or in the interest of a group within the judicial system? And if magistrates as a whole say yes, that the CSM acts in the public interest, we will continue legislative discussions; but if the majority of magistrates say that the CSM does not represent the public interest, but rather the interests of the profession, then the CSM will have to step down urgently," Nicusor Dan said.
He added that, after reviewing the complaints submitted by magistrates, the conclusion was that there is a category of magistrates - members of the CSM and court leaderships - who do not act in the public interest, but in the interest of the group they represent.
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