Civil society is not questioning judicial independence, but highlighting systemic dysfunctions, and the separation of powers does not imply isolating the judiciary from society, the association 'Coruptia Ucide' (Corruption Kills) said in an open letter on Sunday, 21 December.

The association's reaction comes after a statement issued by the Judges' Section of the Superior Council of Magistracy (CSM), which responded to the head of state's initiative regarding a referendum on justice.

The association representatives specify that a referendum is not synonymous with political subordination.

'The association 'Coruptia Ucide', a civic organisation active for over a decade in defending the rule of law, the independence of the judiciary and the public interest, notes with concern the press release issued by the Judges' Section of the CSM on 21 December 2025. At a moment of genuine public tension, generated by documented journalistic investigations, reactions from within the judicial system and peaceful civic protests held in several cities across the country, your statement does not address the issues raised, but seems to sidestep them through a formal reaffirmation of constitutional principles that no one disputes,' the open letter sent to the CSM states.

According to the NGO, civil society does not contest judicial independence, but systemic dysfunctions.

'Over the past two weeks, tens of thousands of citizens have taken to the streets calling for the effective functioning of the judiciary, not its subordination; serving and retired magistrates have spoken publicly about structural problems within the system; journalistic investigations have documented practices that undermine public trust in the administration of justice. Responding to this context solely by invoking 'interference' and 'emotional vectors' sends a dangerous message: that any public criticism is, by definition, illegitimate. This position is incompatible with a mature democracy,' the open letter maintains.

At the same time, representatives of the association 'Coruptia Ucide' say that the separation of powers does not mean isolation from society.

'The separation of powers does not mean isolating the judiciary from society. Judicial independence in ruling cases does not free judicial institutions from public dialogue, transparency, or accountability when serious dysfunctions arise. Framing initiatives for public consultation, debate, or civic pressure as 'interference' risks turning judicial independence into a shield against responsibility, rather than ensuring the system functions properly,' the open letter says.

A referendum or public consultation is not synonymous with political subordination, the association members add.

'Even if there are legitimate debates regarding the form and legal basis of consultation mechanisms, rejecting them outright, without dialogue, without substantive explanations and without alternatives, fuels the perception that the judicial system refuses any form of open self-evaluation. Civil society is not asking for popular verdicts on court rulings. It is calling for reforms, clear criteria, accountability and trust,' the source further states.

The letter also says that public emotion is not a threat, institutional indifference is, and labelling public reaction as an 'emotional vector' is a dangerous minimisation of deep social dissatisfaction.

'Emotion arises when institutional mechanisms no longer provide credible answers. Romania's recent history clearly shows that when institutions close themselves off, society reacts,' the representatives of the Association say.

The CSM has a major responsibility towards public trust and, in its constitutional capacity as guarantor of judicial independence, it has not only the right but the obligation to acknowledge the existence of publicly signalled problems, explain which internal mechanisms work and which do not, and propose or accept forms of institutional dialogue with civil society and legal professionals, the letter posted on the association's Facebook page further states.

'A defensive statement does not build trust. Only genuine assumption of responsibility does,' the source adds.

The exercise of constitutional powers by public authorities must be carried out in strict compliance with the principle of separation and balance of powers in the state, as enshrined in the Constitution, judges from the CSM said on Sunday, reacting to President Nicusor Dan's initiative to organise a referendum within the magistrates' body. AGERPRES (RO - writing by: Georgiana Tanasescu; EN - writing by: Simona Iacob)