Tomac says strong rule of law does not fear free speech, after Romanian judges denounce political subordination

CSM report: judges denounce political subordination

The Judges' Section of Romania's Superior Council of Magistracy (CSM) issued a 76-page document detailing what it called an 'unprecedented attack' on judicial independence. According to the CSM, all 239 courts – including lower courts, tribunals and courts of appeal – held General Assemblies of judges earlier that week. The vote showed 98.6 percent of the judges present, representing 84 percent of all active judges, denounced the 'constant degradation of the rule of law in Romania through the sustained attempt to subordinate the judicial power by political power.'

The publicly released document lists political figures, non‑governmental organisations and press articles that the section considers part of a campaign of denigration and 'harassment actions' against judges and the president of the High Court of Cassation and Justice, Lia Savonea. The CSM statement said the denigration 'did not aim to improve the act of justice but had the effect of promoting imposed changes regarding rules and people in key positions,' and described 'explicit manifestations of hostility' from representatives of the political factor.

“The denigration actions did not aim to improve the act of justice but had the effect of promoting imposed changes regarding rules and people in key positions.”

Tomac's response: balancing independence and free expression

Prime minister-designate Eugen Tomac, speaking Thursday on RFI Romania, acknowledged the CSM's constitutional autonomy and its right to express its position. He did not directly confront the report but insisted that a mature democracy requires the guarantee of freedom of expression alongside an independent judiciary. 'A strong rule of law state does not fear the questions of the press or of NGOs,' Tomac said, emphasising that efficient state institutions and an independent justice system function best when subject to public scrutiny.

“I believe that a strong rule of law state does not fear the questions of the press, of NGOs, and obviously I respect the constitutional autonomy of the CSM and it is this institution's right to express its position.”

Tomac added that 'from the point of view of the democratic game, it is essential to guarantee freedom of expression, just as we must respect the independence of justice,' and that only then will citizens have greater faith in society and the values that define Romania today. He stated that a solid democracy cannot exist without a strong rule of law and expressed his desire that the future government act with greater firmness, transparency and integrity in defending institutions.

A call for dialogue amid controversy

Asked whether he was worried by the CSM's unprecedented stance and what some observers described as a 'black list of the enemies of justice', Tomac declined to expand further. He limited himself to reiterating that a strong rule of law state does not fear freedom of expression and stressed the need for constant dialogue. 'We need constant dialogue, an open approach, because in an open democratic society the key is dialogue and not these extremely complicated approaches, which can unfortunately produce effects that nobody wants,' he said.

“Romania still needs an independent justice system and the guarantee of freedom of expression.”

The exchange comes at a sensitive moment for Romania's governance, as Tomac prepares to form a government while the judiciary signals deep unease over political pressure. The CSM has said it will notify international bodies about the alleged subordination attempt.