The judges of the Bucharest Court of Appeal will suspend the resolution of cases, starting from Wednesday, with the exception of those in which the function of disposition over the fundamental rights and freedoms of the person is exercised, and request the urgent withdrawal of the draft law on the reform of magistrates’ service pensions.
The general assembly of judges of the Bucharest Court of Appeal (CAB), convened on Tuesday by the president of the court, also requests representatives of the executive and legislative powers „to cease the aggressive campaign against the judicial authority, which seriously affects the rule of law, the rights and freedoms of citizens that can only be effectively guaranteed by an independent judiciary.”
CAB judges will continue to judge only cases in the criminal investigation phase, cases having as their object the disposition of preventive measures depriving of liberty (in the preliminary Chamber phase and in the trial phase), taking measures declaring undesirable, public custody (extension and complaint) and suspension of the execution of administrative acts.
This measure will be taken until the draft law is withdrawn, the Bucharest Court of Appeal specifies.
„Judges will fulfill their administrative duties, those regarding the motivation of decisions, carrying out procedures for verifying and regularizing applications, individual study and continuous professional training, as well as other legal and regulatory duties (with the exception of adjudicating cases, outside the mentioned cases),” a statement from the CAB states.
At the General Assembly of CAB judges, convened on Tuesday, it was found that, out of the total of 241 judges, 228 were present, being legally constituted. Of the 228 valid votes cast, 224 were „for” the suspension of the activity and one „against”. There were also three abstentions.
The general assembly of judges was convened to express a point of view regarding the draft law for amending and supplementing certain normative acts in the field of service pensions and the necessary measures to protect the status of magistrates and the independence of the judiciary.
„Considering that the sustained and unfounded aggressive actions of political decision-makers, which we are witnessing, prove their unprecedented need to subjugate, through dissolution, the judiciary, it is firmly necessary that, in exercising the constitutional prerogatives of power in the state, we draw attention to the imminent risk of destroying the rule of law. Our approach is premised on respect for citizens and solidarity with them so that the right of access to justice does not become an illusion,” the CAB judges argue.
According to them, the normative act will lead to a lack of predictability and stability of the status of judges. They accuse the putting and re-putting into question, in the last seven years, of the status of judges by substantially amending the Justice Laws (in 2017-2018), by adopting new Justice Laws (the draft being launched in 2020, and the laws adopted in 2022), by re-discussing the service pensions of judges and prosecutors (in the draft normative acts of 2019, 2020, 2021), by adopting Law no. 282/2023 and, then, by resuming the debates on the service pensions of magistrates in 2024, respectively by presenting and putting into public debate a new draft law in 2025.
AGERPRES