The Foundation for the Defence of the Citizens Against State Abuses (FACIAS) has expressed criticism of the decision of the Superior Council of Magistracy (SCM) to impose a three-month suspension on Judge Ioana Ancuța Popoviciu, who was involved in the Vlad Pascu case. This sanction, deemed ineffective by FACIAS, serves to perpetuate abuses within the judicial system.
It is imperative that the SCM assumes the responsibility of ensuring the independence and integrity of justice. However, the implementation of such a sanction gives rise to significant concerns regarding its efficacy in addressing the underlying issue, namely the lack of professionalism and competence exhibited by a magistrate, which has a detrimental impact on citizens' confidence in the Romanian judicial system. The temporary suspension, without the introduction of more robust measures, permits the judge to resume her duties after the three-month period has elapsed, continuing to preside over cases.
What assurance can a litigant who will be a party to a case handled by this magistrate, following the conclusion of his three-month suspension, reasonably expect to receive, given that he has demonstrated a pattern of conduct indicating a lack of good faith and gross negligence in the performance of his duties?
On numerous occasions, FACIAS has petitioned the Superior Council of Magistracy (SCM) and the Judicial Inspection to take prompt and decisive action against the judge in question, including the possibility of exclusion from the judiciary. This is in order to combat the prevalence of judicial abuses. It is within the purview of the SCM to remove magistrates who are found to be undermining the fundamental principles of justice.
In February 2024, FACIAS submitted a formal request for the exclusion of Judge Ioana Ancuța Popoviciu from the judiciary of the Mangalia Court, citing gross negligence in the exercise of her professional duties. The request was made in response to an incident that occurred during the initial hearing in the case of the accident caused by Vlad Pascu. During this hearing, the judge made a highly inappropriate inquiry, asking whether one of the young men who died in the accident on 2 May was present in the courtroom. This incident has raised serious doubts about the judge's competence and professionalism.
In April 2024, FACIAS submitted a request for intervention in the CSM case, requesting the suspension of Judge Popoviciu from her position until the final resolution of the disciplinary action. FACIAS asserts that such incidents are outrageous and unacceptable, with serious implications for the image and credibility of justice in Romania.
In response to a series of grievances and legal actions initiated by FACIAS, the Superior Council of Magistracy (SCM) took the decision on 9 October 2024 to suspend Judge Ioana Ancuța Popoviciu from her judicial duties for a period of three months. Although the decision is not yet final, it can only be challenged by Judge Ancuța Popoviciu before the High Court of Cassation and Justice (ICCJ). The judgment to be pronounced by the ICCJ may uphold the sanction ordered by the SCM or even apply a milder sanction, as the ICCJ is unable to order her exclusion from the judiciary, according to the legislation in force.
It is imperative that the judicial system in Romania comprises magistrates who discharge their duties with the utmost responsibility, impartiality and professionalism. Magistrates such as Ioana Ancuța Popoviciu, who have demonstrated a profound lack of competence and negligence, have no place in a system that is duty-bound to guarantee justice and fairness for all citizens.