Judicial inspection, without leadership since 1 September. The activity of the institution is blocked – Essential

The mandate of the chief inspector and deputy chief inspector of the judicial inspection ended, as of 1 September, which means blocking the main activity of the institution. The SCM must delegate to these positions, but also to discuss the assignment of Toader to expand the current mandates, says Mediafax.

The mandates of Lucian Netejoru (chief inspector) and Gheorghe Stan (deputy chief inspector) of the judicial inspection ended on 1 September. Until the delegation of several chief inspectors, the whole activity of the institution beats the field on the spot. Under these circumstances, no further complaints can be submitted regarding the possible disciplinary misconduct of the magistrates, nor can the investigation currently carried out by the judicial inspectors be completed, all related documents that require a management judgment, listed for MEDIAFAX , judicial sources. There will also be no ex officio complaints about the deviations which the magistrates would have committed, this is on the list of the duties of the chief inspector.

In order to prevent the core activity of the judicial inspection being blocked, the Minister of Justice sent Tudorel Toader a few days ago, for approval, a regulation to the High Council for the Magistracy to request the extension of the mandates of Netejoru and Stan to occupies these functions. However, it appears from sources of the SCM that no date has yet been set for the approval of the order from Tudorel Toader.

"Since the provisions of Act No. 317/2004 on the Supreme Court for the Magistracy do not regulate the situation in which the mandates of Chief Inspector and Deputy Chief Inspector of the Judicial Inspectorate expire for the completion of competitions for the filling of these positions and the possibility to practice as Chief Inspector and Deputy Superintendent, in case they become vacant for other reasons, The fact that the mandate of the current judicial inspection expired on 1 September 2018 and that there is no legal provision expressly stipulating how the interim service for these functions is provided; (…) The Government of Romania approves this emergency order: Article 67 of Law No 317/2204 concerning the High Council of the Magistracy, republished in the Government Gazette of Romania, (…) a new paragraph is inserted with the following text:

1. In the case of a vacancy as Chief Inspector or, where applicable, Deputy Chief Inspector of the Judicial Inspection as a result of the expiry of the term of office, the temporary inspector shall be put in office by the Chief Inspector or, where applicable, the Deputy Chief Inspector; until the moment these functions are fulfilled by law. In the event of termination of the Chief Inspector's mandate as a result of other situations, the interim function is insured by the Deputy Chief Inspector until the date of his / her appointment in accordance with the law, and in case of termination of the Deputy Chief Inspector, the interim office is insured by a judicial inspector appointed by the chief inspector until the date of his appointment under the terms of the law, "says the document sent by the Minister of Justice, Tudorel Toader, to the SCM.

On the other hand, the minutes of SCM Committee No. 1, held on 9 July, show that they have acquired the DLDC's view (Legislation, documentation and contentious department) about the possibility of delegation to Chief Inspector and Chief Inspectorate for Substitute Judicial Inspection. According to some sources, the DLDC concluded that the SCM Plenary Assembly may delegate to the post of Superintendent and Deputy Superintendent, but after the plenary meeting has not been adopted so far.

This decision by the Commission No. 1, and Judge Bogdan Mateescu, member of CSM, shows that the plenary body is the competent body to delegate to management positions.

"Whenever the legal mandate of the head of a court or prosecution expires and the post is not filled by competition or investigation, the relevant department of the Supreme Court of Magistracy will delegate a judge or a public prosecutor to that office until competition or investigation is not required to delegate the previous occupant of the function, the department appreciates … In the case of the judicial inspection, the no. 1 council of the Commission has of course decided that the SCM plenum has the legal authority to delegate and the leading positions in which it has the legal mandate to appoint, "Judge Bogdan Mateescu, CSM member, wrote on Facebook.

The judicial inspection is an intensively discussed institution within the SCM, and there is a possibility that this is one of the reasons why a decision on the management of this institution has not yet been taken. In fact, seven days ago a letter was sent to Eduard Hellvig requesting the director of SRI to send the protocol to the Council with the judicial inspection and the declassification of the document, since according to magistrates the institution is the only one wrongly refused he passed it on, although he was asked twice.

The institution was split in two on the occasion of DNA testing in the autumn of last year.

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