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The head of the Supreme Court, Cristina Tarcea, said on Monday evening that the law does not provide for the draw of the three-judge panels and has described as "urban legends" the information that appeared in the public space that some judges were "hand-picked" in some cases.
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"Let's clarify one thing: the law does not provide for the draw of 3-judge, 2-judge, 1-judge panels. The law does not stipulate that. Are we going to draw above what the law provides for? It is very dangerous, all the more so as Ordinance 7/2019, the famous ordinance these days, the Governing Board not only of the High Court, but of any court in the country, was forbidden to establish rules that are not laid down by law. Consequently, if the law does not stipulate the draw of 3, 2, 1 panels, the Board of the Supreme Court and of other courts, the Superior Council of Magistrates are not allowed by regulation to rule on other matters that are not provided by law. (...) CSM has nothing to clarify, because it is not the CSM's attribute. CSM's attribute is that of guarantor of the independence of the Justice. Lawmaking belongs with the legislators, the interpretation and enforcement of the law belong with the judiciary, respectively the courts. (...) The red line means observing the separation of powers in the state, and this principle must always be respected when we like it and when we do not like it," Tarcea told private TV broadcaster Antena 3.
Asked about the judges who would be "hand-picked" in some cases, Tarcea argued that these are "urban legends".
"Let's clear up the issue with the judge 'being hand-picked.' This is impossible. Hand-picked means for someone to get into a specific case because that what he wants or a president tells him, 'You get into that case right this second.' This cannot happen. The only thing that can happen is that the change of the members of a panel of judges is made by a decision of the Board. (...) I have heard of judges 'hand-picked' with the High Court. Supposedly the president and the vice-president of the High Court. There are so many urban legends in the judiciary, not only in the Romanian society, and so many people judge and interpret without the curiosity of reading the text of the law," Tarcea explained. AGERPRES .
