The Romanian Judges’ Forum on the setting up within the SCCP of a specialized directorate with the exclusive competence to carry out criminal prosecution for the acts committed by judges and prosecutors
Regarding this proposal of the Minister of Justice to review the “laws of justice”, first of all, such an idea has lacked explications about the necessity to implement such structure.
A special structure is justified only with a special problem. This measure implies that there is a problem of criminality within the magistrates, which requires special attention.
In addition, at a first glance, such a measure can be analysed from a constitutional perspective due to the fact that this type of special criminal investigation will apply only to the magistrates.
As a support for those presented, is the no.104/2009 Decision of Constitutional Court, which even though it was issued in a unrelated area with this discussion, the Decision was issued in work conflicts domain, it has confirmed the fact that there is no justification for a different treatment and procedure for magistrates.
There is no such type of measure for parliamentarians, nor for the members of the Government, neither for officials and nor for any other professional category.
There is no justification to undergo a special treatment for the magistrates. If the justification is that of the protection of magistrates, then such type of explanation is at least unbelievable and also likely to raise the suspicion that it actually hides something else.
It is not necessary to recall the fact that the SIPA was also established for the “protection” of the magistrates.
It should also be noted that in the present, within the National Anticorruption Directorate there is the “Anti-Corruption Justice Service”, established by Order no. 10 of January 31, 2014, whose competence is limited to corruption offenses.
Due to the fact that such an entity exists, no arguments have been put forward and there is no explanation to justify why it is necessary to create a separate structure for all offenses, including corruption.