900 days of uninterrupted siege upon the Romanian magistracy. A survival guide

The volume “900 days of uninterrupted siege upon the Romanian magistracy. A survival guide” intends to outline a narrative of the Romanian magistrates’ actions endorsing the rule of law and the independence of Magistracy during the 2017-2019 interval, analysing the conduct of public authorities and the various reactions displayed by judges and prosecutors.

The book, written by judges and prosecutors, is equally meant for magistrates and, in particular, for the general public, civil society and all those who are able to learn lessons from the entire context. At the same time, the practical example provided is likely to incentivise similar reactions throughout the pools of magistrates in Romania’s neighbouring countries, with comparable legislative and judicial scenes, in societies still transitioning after extended dictatorships.

Each author felt the need to mention as much as possible, to describe their own experience, their own perception, their own individual actions and collective or associative episodes, all concerned with the same ideals – probity, independence, integrity, spirit of justice, failing which the judge or prosecutor profession cannot exist.

From this standpoint, the 2017-2019 period was enlightening, the conduct of each magistrate, but also that of the jurists’ ilk, in general, shaping up around the values individually shared by these persons. For an independent justice and a functional rule of law, certain magistrates chose to be daily targets of slander and libel in the media loyal to the political rulers of the time, ceaseless public or private threats, investigations by the Judicial Inspection and the new Special Section, while others, especially those holding decision-making position, either locked themselves in their offices or settled with the political establishment, also being rewarded with nominations for Government portfolios, in defiance of the entire profession.

Nevertheless, a remarkable moment shall forever live in everyone’s memory, namely more than half the magistrates supporting a Memorandum, initiated by the Romanian Judges’ Forum, demanding the withdrawal of the draft amendments to the justice laws. This gesture, followed by the overwhelming majority votes of the general assemblies organised in that period, is symbolic, showing that Magistracy, both from within, but also with assistance from international bodies, can save the democracy of a state seemingly journeying through an endless transition.

Furthermore, the fact that thousands of people took to the public squares in support of the rule of law and an independent magistracy is relevant for a nation’s destiny, for the ability to cleanse a society grafted onto corruption in its recent history.
Attacks targeting the rule of law values will continue to exist, making it critical that the magistracy’s efforts to defend its independence remain consistent, principles and a backbone being the only way forward. A behaviour of this nature will consolidate citizens’ trust in the positive development of a justice that can, with time, become more effective and more predictable.

Dr Dragos Calin, judge,

co-president Romanian Judges’ Forum Association