There is practically a strike in the Romanian judiciary system, after the Superior Council of Magistracy summoned magistrates to respond to the special pensions reform, according to Spot Media.
Judges from several courts of appeal across the country, as well as prosecutors from the Bucharest Tribunal, announced on Tuesday that they are suspending their activities indefinitely as a form of protest against the draft law that the Bolojan Government is soon to take responsibility for.
The decision of the prosecutors from the Bucharest Tribunal was adopted in the general assembly unanimously. And at Bucharest Court of Appeal, only one judge opposed the idea of a hidden strike.
The same decision was adopted by the assemblies of judges from Courts of Appeal in Galați, Iași, Alba Iulia, Oradea (unanimous decision), Târgu-Mureș and Constanța, with other meetings currently ongoing.
A final decision for all courts and prosecutor’s offices in the country will be reached no later than August 28.
Not Allowed to Strike
Judges and prosecutors do not have the legal right to strike in Romania. According to the current legislation, Law no. 62/2011 on social dialogue expressly prohibits the right to strike for:
- judges
- prosecutors
- other categories of magistrates
This prohibition aims to guarantee the uninterrupted functioning of the judiciary, considered an essential public service. So what can magistrates do? Although they cannot go on an actual strike, magistrates can resort to alternative forms of protest, such as suspending activities outside urgent cases. Which is what they are doing now.
These actions are considered a strike, but they are not a strike in the legal sense of the term. They are, in fact, forms of protest or public pressure.
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