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  Nr. 3521 de joi, 12 ianuarie 2006 
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EDITORIAL
Justice is still politically obedient
The political masquerade on the status of CSM (the Superior Council of Magistrates), which is the guarantor for the independence of that Justice criticized both in Romania and abroad, reached the climax yesterday when they had meeting to express conclusions about this institution.
There is obviously no independence without responsibility and no responsibility without independence. Politicians are interested in keeping Justice under control and put the blame on it at the same time, claiming it lacks independence. This is rather shameless. The CSM meeting held yesterday was really scandalous. There were only two people with the right attitude: the president of Romania, who cautiously took one step back to snarl at Tariceanu, and Viorica Costiniu, president of Magistrates Association. It can only prove it is a long time till Justice gets acknowledged and becomes one of the three powers in a state indeed. Why does the Coalition at rule in Romania keep on making mistakes as far as Justice is concerned, and breaking the Constitution? What does the independence of Justice mean, after all? Given the Romanian democracy and Constitution, the three powers in state � parliamentary, executive and Justice � are independent of one another, but at the same time they are virtually able of mutual control. Nobody else may substitute any of these powers to get control. Not even the press, called the fourth power in a state and not even "the president player". But CSM had the right and opportunity to judge the PM's phone call to Ilie Botos in Patriciu's case and to conclude it was innocent (for they could have reached the opposite conclusion). Then as representative of the executive power, the prime minister can have certain control on judges, within constitutional limits. How? Especially through the Justice minister. And as she is the Justice minister, Monica Macovei may propose and implement Justice reforms, in keeping with the Constitution and EU requirements, enlarging this power's ability to be independent. If she does it, she can also control the way such a reform is carried out, provided they don't force the Constitution on behalf of the reform.
Why did Monica Macovei get hostility yesterday? Why did she get scolded by well-known magistrates and also by the Romanian president? Seemingly, because she didn't know what she was talking about. Her speech was improvisation, confusion, lack of professionalism. She tried to express judgements without arguments. She described CSM passionately, although she is part of this institution, after all. So she herself is also responsible for what is not working. But the truth is that Monica Macovei lost the battle against Romanian Justice on a different field, much more profound than that of meetings and public events. When we talk about the state of this power after one year, we have to admit that the independence of magistrates is still an illusion, despite well-meaning statements. The chair of Romanian democracy still relies on two powers only instead of three: the Executive and the Parliament. This is one cause of insecurity and instability. What arguments are there to support this severe statement made by an Executive member?
Reality can be seen with our very eyes. After all, the independence of Justice begins and ends in the courtroom. And nothing has changed in courtrooms for years. There are no microphones and no loud speakers to make a trial public indeed, so that people attending can hear and understand what they are saying. Statements are still sloppy, as they are written after dictation. In the dirty courtrooms it is cold, people crowd and meetings lack all solemnity. Magistrates have too many cases to handle too reach the fair sentences, especially when proves vanish. In order to provide magistrates with independence, the Executive has to provide them with what they practically need. This is what Macovei's reform was supposed to be, right after reforming the large, beaurocracy-crammed ministry she is in charge of.
But if there is no real reform of Justice, the war against CSM is pointless. Justice is still politically obedient.
Sorin ROSCA STANESCU 
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