Professionalism

2.3. Moral rehabilitation of magistrates and increasing their professionalism

remuneration

The main problem raised by the magistrates is the salary. The budgetary efforts to increase the sectoral reference index, computerization, office repair, payment of outstanding salary rights seem to have been put in the background. For those who received a 40% increase in discrimination (anti-corruption, terrorism), it was illegal to extend the length of trials and the disgraceful one to appoint all judges in the criminal department as specialists in terrorism or anti-corruption cases just because more people to collect these sums of money.

It is true that a sense of responsibility in magistrates has not yet been developed, just as there are no tools for definition, enforcement and control in the system.

Wealth statements

There are judges who do not respect the legally established rules in order to increase the transparency of the system: from the wealth declarations posted on the internet, we found that many are not signed, not understanding whether or not they are assumed by the holders.

Finally, researching the declarations of wealth and those of interest of the magistrates, I discovered that some are shareholders (for example, at the ICCJ there are 9 judges in this situation, and at the prosecutor’s office next to it there are 6 prosecutors), which is prohibited by law. and recently confirmed by the SCM. Or, the violation of the law regarding this aspect constitutes a disciplinary violation, but, although the wealth declarations have been posted for a year, the SCM did not notify the mentioned irregularities.

secondments

The judiciary has become a real base of human resources for secondments in other institutions: SCM, Ministry of Justice, National Administration of Penitentiaries, Government, Ministry of Foreign Affairs, etc. – this although the system is facing an acute shortage of magistrates, and given that there is no clear policy on human resources, these secondments affect the quality of work of those left to work instead of seconded. In this context, the problem can be raised if, at the end of the secondment, the magistrate in question has any moral duty towards the institution in which he was seconded, an aspect that may affect his impartiality at some point.

The Romanian judiciary is facing an acute shortage of staff, generated by several factors. An important factor that accentuated this crisis was the June 2005 amendments to the three laws (judicial organization, the status of judges and prosecutors, the organization and functioning of the SCM). Intended to clean the judiciary, the changes have shown us that a significant number of magistrates see in this profession only a place where they earn well. otherwise we cannot explain why, for example, a magistrate at the age of 49 chose to retire early as soon as he was offered the opportunity, although there were still 16 years until the normal retirement age [9] .