As a result of the decision taken by the Superior Council of Magistracy (SCM) in relation to judge Domnica Manole, the other judges understood that the Council can apply disciplinary punishment directly, outside the law. Furthermore, the SCM decision does not defend the independence of judges, said participants in the talk show “Politics” on TV8 channel, IPN reports.
“Another aspect realized by the judges is that in this concrete case the SCM didn’t defend the independence of judges as the Constitutional Court by a judgment annulled the provisions on SIS assessments based on which Domnica Manole was dismissed. Normally, if the CC declared those provisions unconstitutional, the SCM should have returned to them,” said Ion Guzun, counselor at the Legal Resources Center. According to him, the unanimity of the vote on the SCM decision is worrisome.
Stefan Gligor, programs director at the Center for Politics and Reforms, said the case of judge Domnica Manole is an example for judges as they can see what can happen to them if they apply the principle of independence when they make rulings. “Surely, the SCM showed once again that the law is not for them. These people acted now absolutely illegally. There is a Constitutional Court judgment that should be obeyed,” stated Stefan Gligor.
Domnica Manole said the SCM has always adopted a selective approach and divided the judges according to particular criteria. “The SCM aims to eliminate some of the judges from the system. I asked them today: why was I eliminated from the system? For the criticism I leveled at the system? For the fact that I criticized the work of the SCM as non-transparent? Because I criticized the dubious promotions at the Supreme Court of Justice? Because we have an exaggerated number of cases against judges? Was I dismissed for this?” asked the judge.
In its February 6 meeting, the Superior Council of Magistracy unanimously rejected Domnica Manole’s request to be allowed to return to the legal system.
