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Representatives of civil society in CSM: SRI-PICCJ protocols based on unlawful acts

The protocols concluded between the Romanian Intelligence Service (SRI) and the Prosecutor's Office attached to the High Court of Cassation and Justice (PICCJ) are based on unlawful and non-public normative acts issued by legal entities that cannot and should not legislate in the area of competence of the judiciary authority, the representatives of the civil society in the Superior Council of Magistracy (CSM) said on Friday.

According to a press release issued for AGERPRES, the CSM members who are representatives of the civil society "fully adhere both to the Declaration of the legal representatives of the Romanian courts of appeal, adopted at the working meeting that took place in Suceava on 27 and 28 September, as well as to the 4 October Decision of the CSM's Judges Section, which strongly condemns the existence and effects of the protocols concluded between SRI and PICCJ". 

"By a legal norm of a constitutional nature, in the judicial activity, the Public Ministry represents the general interests of society and defends the rule of law, as well as the rights and liberties of the citizens. These protocols are based on illegitimate and non-public normative acts issued by legal entities that cannot and should not legislate in the area of competence of the judiciary authority, constituting a strictly secret mechanism, hidden from public opinion," says the quoted source.   

In this context, CSM's civil society representatives emphasize that by their content the secret protocols regulated modalities either to carry out the procedures or to organize the activity, matters that are strictly regulated by law or by secondary norms issued by CSM in the application of the law. 

It is also stated that justice is always done in the name of the law by independent judges, who are subordinated only to the law, and not to abusive legal instruments that add and complete the law in an occult way, classified as top secret and not to be publicly displayed.  

"At the same time, we denounce the serious violation of the reserve obligations of the magistrates, who unforgivingly interfered with the appeals in the courts. (...) These deeds that are not in accordance with the rigors of the magistrates' statute must also be analyzed in terms of the violation of the judges' independence by means of pressure in the form of ?professional opinions' or ?blank certificates' given to the secret protocols in justice," the release mentions.

AGERPRES


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