Judge Chișca-Doneva tried to stay in the system until June 2024, but bypass the external evaluation procedure
Interim President of the Supreme Court of Justice (SCJ) Tamara Chișca-Doneva, whose resignation request was accepted by the Superior Council of Magistracy (SCM) on 25 August 2023, tried to bypass the external evaluation procedure by writing two resignation requests in just two days.
On 14 August this year, the SCM received a request from Tamara Chisca-Doneva to resign from her position as a judge as of 31 December 2023, with payment of the one-off severance pay.
On 16 August 2023, the SCM received a new request from Tamara Chișca-Doneva, requesting a change of the date of resignation, i.e. from 14 June 2024.
The judge reasons that the request to accept the request from the date indicated above, i.e. 14 June 2024, stems from the fact that the proper functioning of the Supreme Court of Justice is seriously affected due to the number of vacant posts and the high workload.
Both in her application and at the SCM meeting, Ms Chișca-Doneva stated that she considered it inappropriate to participate in the external evaluation, on the grounds that her term of office as a judge expires on 14 June 2024. For these reasons, she requested her dismissal on the basis of a 1995 law on the status of judges.
“During the debates, the Council noted that the Supreme Court judge, according to Article 3 of the Law No. 65 of 30 March 2023 on the external evaluation of judges and candidates for the position of judge of the Supreme Court of Justice, has the option to request resignation from the position of judge or to follow the external evaluation procedure. Thus, the Council found that Judge Tamara Chișca-Doneva applied for resignation in order not to be subject to external evaluation. Thus, in accordance with Article 4(4)(a) of the Rules of Procedure of the Court of First Instance of the European Communities, the Commission has decided that the applicant’s request for a review of the case is not justified. (4) of the Law no. 65/2023, the Superior Council of Magistracy examined the resignation request and decided within the 10-day period established by the law”, reads a press release of the SCM.
With the vote of six members of the Superior Council of Magistracy, Tamara Chișca-Doneva’s resignation request was partially accepted, but starting from 25 August 2023.
At the same time, the Council appointed Judge Viorica Puica as interim president of the Supreme Court of Justice until the end of her temporary transfer to the Supreme Court of Justice.
The special panel of the Supreme Court of Justice (SCJ) ordered on 1 August the re-evaluation of 18 candidates for the position of member of the Superior Council of Magistracy (SCM) and three candidates for the position of member of the Superior Council of Prosecutors (SCP). Judges Tamara Chișca-Doneva, Mariana Pitic, Ion Guzun and Ion Malanciuc were part of the panel.
