Romania's top judge warns against eroding judicial independence on Justice Day
Lia Savonea, president of the High Court of Cassation and Justice, used her Justice Day message to caution that the rule of law can be weakened by fighting corruption with means that undermine fair trial guarantees.
A call for real independence
Lia Savonea, president of Romania's High Court of Cassation and Justice, marked Justice Day on 5 July with a press statement urging that judicial independence be defended "more than ever." She said no magistrate should judge under the pressure of fear, momentary interests, public campaigns, or power relations developed outside the courtroom.
Today, more than ever, we have the obligation to defend the real independence of the judge. No magistrate should judge under the pressure of fear, momentary interests, public campaigns, or power relations developed outside the courtroom.
The danger of fighting corruption at the expense of fair trial
Savonea warned that the rule of law can be vulnerable not only to corruption but also to the temptation to combat corruption through means that weaken fundamental guarantees of a fair trial. She stressed that no cause, however legitimate, can justify diminishing a judge's independence, affecting the right to defence, relativising the presumption of innocence, or turning institutional efficiency into a value superior to fundamental rights and freedoms.
The experiences of recent decades have shown us that the rule of law can be weakened not only by corruption, but also by the temptation to fight corruption through means that weaken the fundamental guarantees of a fair trial.
Protecting the innocent
Beyond holding the guilty accountable, the justice system must also protect the innocent, Savonea said. She acknowledged that behind every judicial error there are people, families, careers, and destinies, and that justice must always be concerned with restoring the balance broken by conflict.
We have the duty to recognise that behind every judicial error there are people, families, careers, and destinies. Justice must always remain concerned not only with holding the guilty accountable, but also with protecting the innocent.
The measure of democratic justice
Savonea described Justice Day as a moment of reflection on the role of justice in a democratic society. She argued that the true measure of democratic justice is its ability to remain independent, impartial, and faithful to the law even in the most difficult moments. A strong justice system, she added, is not one that inspires fear but one that inspires trust.
Justice does not measure its success only by the volume of activity, but above all by the ability to offer every citizen a legal, fair, and reasoned solution. A strong justice is not the one that inspires fear, but the one that inspires trust.
