Minister of Justice, Toni Gogu , stated in the Laws Committee that the Parliament's delay in legal intervention on judges' salaries should not turn into a clash between powers.
Gogu said that the Assembly's term ended on July 31, but stressed that the new initiative aims to correct this delay, while respecting the Constitutional Court's decision and the Assembly's powers.
Gogu focused on the independence and accountability of the justice system, arguing that the salary formula that affects the State Budget should be determined by law by the Assembly. “Independence without accountability slides towards irresponsibility,” declared the minister, emphasizing that the decisions of the Constitutional Court must be implemented, but at the same time respecting the constitutional order of powers.
Gogu: The Assembly missed the deadline, some of you just realized this, it was July 31. There is no need for any of us to justify ourselves. We are open to taking the responsibility that we should have in this process. I am here to support an initiative of yours and I think we need to act quickly.
The workload for August, which is not a month of hearings, was carried by the judicial secretariat, security measures judges, court clerks, and administrative employees, who have no connection to this project and are outside this dispute. In this regard, I would like to express my regret to them.
I want to say one thing clearly: You rightly raised the delay of the Assembly, which was the delay of the deadline. But one mistake, compounded by a second mistake, does not equal a correction. The delay of the Assembly should not create the error of the clash of powers. The project that you bring today corrects the error created by a delay. The question of the debate is not how much a judge should receive, but who should decide on the salary formula, not only of the magistrate.
This is not what I say, but the Constitutional Court. The Assembly decides and decides by law. The other side's argument was that the Assembly's inaction will leave us without the consequences of the Constitution and the Assembly's silence could undo the decision of the Constitution. This was an argument and it is serious, it cannot be trivialized. A decision that requires the intervention of the legislator deserves only a law. The Assembly's inaction cannot be resolved by taking over powers and other means.
We cannot undo the constitutional architecture according to the needs of the moment. The rule stands for everyone. The formula of one salary stands above the Assembly. One salary burdens the state budget and this formula stands above the Assembly. The legal vacuum created cannot be filled with a new competence created in a hurry, whoever gets there first. The competence belongs to the Assembly and must be implemented, as you are doing today.
I have not come to defend any number, the Ministry of Finance has its own influence regarding the weight in the State Budget and the implementation of the Constitutional Court's decision. I want to close with a message. When this Assembly and all of you who are present set the rules of justice reform in 2016, there were three main principles: Integrity, accountability and efficiency.
Integrity has been achieved at great institutional cost. Independence has been defended every day and this salary increase is an example. Accountability has remained on paper and must be looked at very carefully, because it applies to any power. Independence without accountability slides towards irresponsibility.
This is not because of the people, but because any power cannot rely on the ability to correct itself. It is not an attitude towards justice, but a wall has been projected in that house of justice, which is missing today. The decisions of the Constitutional Court must be implemented, but while respecting both what it has decided, and the constitutional order of powers .