Judge Cristi Danileț from Cluj announced on Thursday in a post on Facebook that he is being disciplined by the Judicial Inspection in a new case. Danileț was expelled last week by the SCM from the judiciary by a decision that can be challenged in court.
“I have just received a formal notice from the Judicial Inspection that I am being prosecuted in a new case: because I am a member of the VeDem Just association which conducts legal education for children and in the ICDE association which upholds the fundamental values of the EU, mi it is reproached that in this way they are part of “political formations” and carry out political activities, incompatible with the status of magistrate “, wrote Danileț.
- Judge’s full post:
You should know that a magistrate can be part of any association, not only the professional ones (art. 11 and 76 of Law no. 303/2004), but he cannot be part of political parties or formations, nor can he carry out or participate to political activities (art. 9 of the same law).
However, each of the two mentioned NGOs is officially registered, at the Court, as a “legal person of private law, independent, apolitical, non-profit, non-governmental”. I have never taken part in any political action with these organizations and I have always abstained from voting when it came to a press release addressing the political spectrum, precisely in view of my position as a judge.
Interestingly, the complaint was sent by a 22-year-old man without specialized education. It has footnotes and is worded in legal language. The young man does not have a Facebook account, but he attached a bunch of messages on FB in support of me after the exclusion, especially those coming from an embassy and politicians, but only those coming from a single party are selected. . It was addressed directly to the president of the SCM, whose email address I do not even know and is not publicly displayed on the SCM website. His complaint is made on December 15, when I was already suspended, so when I was already out of the legal system. Moreover, it has 180 pages as annexes, including an interview of mine from 2017 about the book on legal education and the reactions of a party leader and a member of the European Parliament from the same party on December 14th.
The inspection began the disciplinary investigation yesterday and informs me today that on December 29 I must be heard at its headquarters in Bucharest, given that the law says that the hearings are held at the court, an order of the Chief Inspector last year says that I do it online, and I am suspended from office so I have no duty to the Judicial Inspection.
It is clear to me what is happening and I do not want to get into party fights. What is certain is that the Judicial Inspection took advantage of the opportunity and, realizing the ridiculousness of my sanction for the posts on the tiktok, prepared its “heavy arsenal”: it accuses a magistrate of doing politics. Interestingly, the same Judicial Inspection had nothing to say when magistrates were secretaries of state (eminently political function), when the head of the Judicial Inspection was appointed by the Government, when a magistrate was filmed leaving a party headquarters after being nominated for a ministerial position, when a magistrate publicly stated that he had contacted a party member to be nominated for a public office, when a magistrate Prime Minister and nominated as a minister or when a head of an association of judges leaves for a political party from which he is running in the local elections. According to tiktok, this is another premiere in the Romanian judiciary. (above photo: Yes Photos/ Octav Ganea)
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