Theme: Executive Meeting from 12.12.2011

Press statements by PM Emil Boc at the end of the Executive meeting

GUVERNUL ROMANIEI
GUVERNUL ROMANIEI

Hello to everyone. We decided to start procedures for responsibility assumption on two draft laws: the draft law which aimed at promoting judges to the High Court of Cassation and Justice and the draft law on the merger of elections. Now, some brief details on each of the draft laws mentioned.

The draft law aimed at promoting judges to the High Court of Cassation and Justice, this draft law improves the selection of judges at the High Court of Cassation and Justice by establishing guarantees of transparency, objectivity and professionalism. The law guarantees promotion to the Supreme Court on grounds of competence and transparently. Promotion to the post of judge at the High Court will be made from among the judges and prosecutors who meet the following conditions: 1 – to have occupied at least five years the position of judge or prosecutor at the Prosecutor’s Office attached to the Court of Appeal or Prosecutor’s Office attached to the High Court of Cassation and Justice, 2 – were rated 'very good' in the last three assessments, 3 – have never received disciplinary sanctions, and 4 - have served in the position of judge or prosecutor at least 15 years . These are prerequisites to enroll in the competition to participate in the selection process for the High Court of Cassation and Justice. Promotion to the post of judge at the High Court is to be made only through competition. Promotion competition to the position of judge at the High Court consists of the following tests: 1 - assessment of written rulings, in case of the judges or documents in the prosecution phase or during trial if prosecutors; 2 - 1 interview before the plenum of the Upper Council of Magistracy, and 3 - written tests, with theoretical and practical character, four written tests.

Competition commissions are appointed by the decision of the Upper Council of Magistracy and correspond to the sections of the High Court of Cassation and Justice for which applications were filed. Competition commissions are made: A-First of a judge of the High Court, proposed by the High Court, B-of one professor who has concluded a contract of indefinite duration with a university of advanced research and education as follows from the classification based on the assessment provided for in national education law and C-a trainer of the National Institute of Magistracy, with at least the level of judge to the Court of Appeal, proposed by the National Institute of Magistracy.
We note that in evaluating the written rulings, in case of the judges or documents elaborated in prosecution phase or during trial by prosecutors from competition commissions, there is one lawyer of highly professional and moral reputation, proposed by the National Union of Bars of Romania and a psychologist proposed by the College of Psychologists of Romania. So, again, it is about the test envisaging the rulings evaluation. What is new and what is important to note. It is about promoting to the Supreme Court of Justice, all who wish to apply for such position shall publish on the website of the Superior Council of Magistracy, sentences given by them in the last ten years, so anyone is able to study them.
They will be in public debate for 30 days, and the competition Commission will evaluate them after the expiration of 30 days, during which anyone may submit comments on the sentences that were issued by the judge who wants to be part of the High Court or prosecutor on the basis of documents prepared according to the specificity of its activity in the last decade.
As I said, these documents prepared by the candidates shall be published on the website of the Superior Council of Magistracy and are subject to public debate for a period of 30 days from publication. Complaints or comments received from public opinion can be considered on the evaluation by the competition commission.
So, first test, as I said, is to assess the court sentences issued by the respective person for the last ten years. The second test is the interview in the plenum of the Superior Council assessing aspects of conduct, ethics and integrity of candidates.
The maximum score that can be attributed to the first two samples is 100 points distributed as follows: 75 points for evaluation of rulings; 25 points for the interview in the SCM plenum. Minimum score to be admitted for written tests is 80 points. So, in other words, the first two tests are eliminatory, I mean the test aiming at the analysis of rulings, and interview tests if you did not get, again, at least 80 points, you do not sit for the third test, written test consisting of following: first, test according to specialization of the following groups of subjects – civil law, family or private international law - the second group, criminal law, the third group, administrative law, financial law and tax and labor law. Therefore, the written test pertains to one of these three groups. The second written test consists in the jurisprudence of the High Court of Cassation and Justice and Constitutional Court. The third written test consists in the jurisprudence of ECHR and Court of Justice of the European Union, and the fourth test, civil procedure and criminal procedure according to the specialization of judges or prosecutors. To be admitted, the candidate must obtain at the written tests at least eight, provided that each written test to be scored with at least seven. In conclusion, it is a very transparent and professional procedure, so that selection of judges to HCCJ to meet the criteria and requirements of professional integrity and ethics.
I mention that these provisions of the law meet the requirements of the European Commission, as they were made in time and meet public expectations, but the magistrates’ for the criteria of transparency, integrity and professionalism in promoting judges to the High Court of Cassation and Justice .
The second draft law on which the Government has decided to assume responsibility is a draft law on elections merging. This draft law is one of technical nature and states that in 2012, local elections and parliamentary elections will be held at the same time, date to be established by government decision. There are three reasons behind this decision to which I would refer. First, 2012 is a difficult economic year, a year in which we must ensure Romania's economic consolidation and avoid any electoral slippage that may jeopardize the financial situation of the country.
We know that electoral campaign times are those in which the world is less attentive to economic consolidation and even more tempted to populist and electoral practices and promises. We want in 2012 I repeat, a still extremely difficult year in the international economic crisis, to have less debate to produce instability and have a year to focus on investment and jobs to strengthen economic growth. The second argument is the fact that election turnout is better in case of election merger. Thirdly, you should not ignore the fact that there is a budget saving of at least 20 million euro. Finally, I mention that the practice of merged elections in various forms, has existed in Romania. Remember that, by 2004, parliamentary elections and presidential elections took place at the same time, and last but not least, if we remember, in 2007 and 2009, once with the European elections, there was organized referendum for the uninominal vote and Single – Chamber Parliament. I remind you also that in 1996, local elections, normally to be held in February, were held in June, by a simple government decision taken by the government at that time. These are arguments for which we essentially propose the adoption of this draft law, through the responsibility assumption.
Reporter: Mr. Premier, why did not you choose a parliamentary initiative and chose the liability procedure? Since it is a project that affects the entire political class and society, would it not be normally to be the emanation of a decision of the legislature?

PM Emil Boc: It is a constitutional procedure that respects the will of the legislature, which has the opportunity to act according to the Constitution, and this date should be fixed and known as the Parliament ends its session in late December and only resumes session in February. So, due to this, I believe that now, in December, we must establish clearly and to know whether or not elections are held merged, because, I repeat, 2012 is a very difficult year in many ways.

Reporter: How long will it take to approve the government decision to establish the date and what about reducing the number of MPs and the change of the electoral system is /.../

PM Emil Boc: This project is just one technical, aimed at merging the elections. Regarding the implementation of the referendum results, I hope and I wish the whole political class votes on revision of the Constitution, because this is not only the will of the coalition, which has two-thirds in Parliament, but opposition must vote what Romanians voted in the referendum that is, unicameral Parliament with 300 MPs. The better is the context in which it occurred in the European Council the need for the proposal for inclusion in the Constitution of the structural deficit of 0.5% to be made during the year 2012. In other words, we have at least two very strong reasons to revise the Constitution in 2012. 1. Structural deficit of 0.5%, debt and public maximum debt of 60% of gross domestic product and unicameral parliament with 300 MPs, according to the will of the electorate. This draft law does not solve the problem of revising the Constitution, which, I repeat, must be made by two thirds.

Reporter: USL announced it filed a motion of censure, if you go with taking responsibility on merger?

PM Emil Boc: Filing the motion is a constitutional procedure, within the procedure for accountability.

Reporter: You are afraid of that?

PM Emil Boc: I would not be out here if I had any fear of any motion of censure.

Reporter: You tell the program what happens today, send ...

PM Emil Boc: The calendar will be determined by the reunited bureaus of the two Chambers immediately after the project reaches Parliament and after I get out of this meeting, I will sign the draft law to be submitted to Parliament.

Reporter: And if you want to answer, however, opposite Victoria Square the revolutionaries are protesting?

PM Emil Boc: Obviously all the views of those who protest will be heard and we will see exactly the solutions to be followed. Thank you.
 

Issuer: Government of Romania – Press office

Date: 12.12.2011

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