Raportul dintre libertate și interdicție în cazul magistraților

Abstract

We are going to analyse three solutions which were adopted by a committee of the Superior Judicial Council (CSM) on the 23rd of November 2021, regarding the incompatibilities and restrictions applicable to magistrates (judges and prosecutors). All three solutions raise the common issues of the (lack of) competence of the Superior Judicial Council to interpret the law outside disciplinary procedures, as well as the manner in which the balance between freedom and restrictions was assessed. Even though the restrictions for magistrates are numerous, freedom is still the general rule and has to be preserved as such. Any incompatibilities and restrictions must be stated in an explicit and limitative manner by the law, and their interpretation must be a restrictive one.

Keywords

• incompatibilities
• restrictions for magistrates
• law no. 303/2004
• freedom of expression
• superior judicial council
• statute of judges and prosecutors