The Foundation for the Defense of Citizens against State Abuses (FACIAS) is calling for the legislation on the Superior Council of Magistracy (SCM) to be amended in order to correct a legislative anomaly and to respect the constitutional principle of equality before the law.
The proposal is in connection with the decision of the judges' section of the SCM, which last week rejected the proposal for the suspension of Ancuța Popoviciu from the Mangalia court, which is hearing the "2 May" case. She is the judge who shocked public opinion by asking in court whether one of the dead young men was present, showing a total lack of knowledge of the case she was hearing.
FACIAS complains that, according to the law, the only party that can challenge the SCM's decision in these cases is the judge against whom a sanction is imposed, and that no other party, not even the Judicial Inspection, has the same right.
Thus, under the current legal framework, neither FACIAS nor the Judicial Inspectorate have been able to challenge the SCM's decision, even though FACIAS filed a complaint with the Judicial Inspectorate and requested that the judge be suspended for disciplinary reasons.
FACIAS therefore calls for the urgent amendment of Article 52(2) of Law No. 305/2022 on the Superior Council of Magistracy.
According to these provisions, only the judge or prosecutor who is the subject of the disciplinary investigation may appeal against the decision to suspend from office for the duration of the disciplinary investigation, while the Judicial Inspectorate, citizens or organisations harmed by the alleged disciplinary misconduct do not have the possibility to appeal against the decision by which the competent section of the SCM refuses to suspend from office.
This contravenes the principle of equality of arms and undermines the standards of a fair trial and the right of defence, which is contrary to the standards of the European Court of Human Rights as laid down by the Strasbourg Court.
FACIAS cere egalitate în fața legii pentru toate categoriile de cetățeni și propune modificarea textului de lege amintit după cum urmează:
Article 52, paragraph 2, states that the decision ordering the suspension from office must be taken in accordance with the provisions of this article. (1) may be appealed against within five days of the communication by the suspended judge or prosecutor, and, where appropriate, if the request for suspension is rejected, by the holders of the disciplinary action or the persons injured by the disciplinary misconduct. The decision on the appeal is made by the five-judge panel of the High Court of Cassation and Justice, which may not include voting members of the Superior Council of the Magistracy.
FACIAS will request that the legislator initiate an urgent procedure to amend Article 52, paragraph 2 of the Law no. 305/2022 on the Superior Council of Magistracy.
FACIAS PRESS OFFICE