Part III

This article analyzes the role of the Superior Council of Magistracy in safeguarding the independence of judges in Romania. It examines issues such as: the legal nature of the CSM; the limits of judicial independence; how the CSM defends judicial independence; the accountability of judges; and the effectiveness of the judicial inspections conducted by the CSM.

In the article, the author also makes a series of proposals to improve the SCM’s activities, considering that better institutional communication and greater transparency on the part of the SCM are necessary regarding the fulfillment of its duties and the method of selecting the members of this body. Furthermore, he believes that SCM members must have the professional and moral recognition of the magistrates they represent. Last but not least, a proactive stance is required from the SCM regarding its involvement in reviewing key legislative acts that impact the judicial system.

An independent judiciary is the strongest guarantee for upholding the rule of law and protecting human rights. The independence of the judiciary can only be ensured if all those involved are committed to directly supporting the free institutions of democracy. The judiciary must decide, in the cases it adjudicates, based on the facts and in accordance with the law, without restrictions, without undue influence, pressure, threats, or direct or indirect interference from anyone, regardless of the reason. The independence of judges and courts is not only a necessary condition for the proper functioning and administration of justice, but also a guarantee of fundamental rights and freedoms and their protection against the exercise of power.