INCOMPATIBILITÃȚILE JUDECÃTORILOR ȘI INGERINȚA ÎN ACTUL DE JUSTIȚIE

In the study above, the author puts forward a petition issued by the Anticorruption General Directorate (autonomous structure within the Public Ministry, coordinated by the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice), under which, in relation to a female judge whose spouse (judge) was criminally prosecuted by indictment drawn up by the National Anticorruption Directorate, it is requested to be removed, administratively, from the analysis of documents (indictments, etc.) issued by the National Anticorruption Directorate. As a result of resentments, being thus in the presence of a conflict between the family interests and the public interest for administering justice. The Superior Council of Magistracy could not adopt a decision on the relevant petition within the Court, getting to a tie vote (4 votes for, 4 votes against). The author hardly criticizes the petition submitted by the Anticorruption General Directorate, considering it as an administrative interference in the work of a judge.