Romanian Judges’ Forum pronounces on case of Judge Domnica Manole

The Association “Romanian Judges’ Forum”, which is a professional association of judges, expresses its support for the principles on which the approaches of judges of the Chisinau Appeals Court and civil society organizations of Moldova, concerning Judge Domnica Manole, are based. The judge will be investigated for obliging the Central Election Commission to organize a constitutional referendum concerning the election of the head of state, IPN reports.

In an appeal signed by Judges Dragos Calin and Ionut Militaru, co-presidents of the Bucharest Appeals Court, it is said that the independence of judges is a mandatory condition for the existence of rule of law and the fundamental guarantee of a fair trial. “The judges have the task of the final decision on the life, freedoms, rights, obligations and property of people. Their independence is not a prerogative or a privilege in the own interests. They must serve the interests of the state and of those who seek justice,” says the appeal.

The two Romanian judges said the maintaining of independence of justice is essential for achieving the objectives and for modern performance in a free society governed by the rule of law. In the decision-making process, the judges’ duty to pass judgments must not be subject to interference or influence on the part of another judge, the minister of justice or any other government official or institution, given that the decision can be appealed to a higher court.

Recently, a number of civil society organizations signed an appeal by which they demanded that the acting prosecutor general should explain his request to take legal action against Judge Domnica Manole, of the Chisinau Appeals Court. These also asked the Supreme Council of Magistracy to examine the acting prosecutor’s application in an open meeting. The Council gave the go-ahead to bring legal proceedings against the judge.

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