SCJ Vetting: Report on evaluation failure for a sitting Supreme Court Judge

The Judicial Vetting Commission has completed its evaluation of Judge Mariana Ursachi (formerly Pitic) from the Supreme Court of Justice (SCJ). According to the adopted report, the Commission recommends to the Superior Council of Magistracy (SCM) that the judge fails the external evaluation, as she does not meet the integrity criteria established by Law 65/2023, under which she was assessed. The report outlines the relevant facts, reasons, and the proposal for failure, and has been transmitted to both the subject of the evaluation for her information and to the SCM, along with the evaluation materials.

The SCM will review the evaluation materials and decide, through a reasoned decision, whether to accept or reject the Commission's report. The report will be made public after the adoption of a SCM decision, in accordance with Article 16 (5) of Law 65/2023.

By adopting the report regarding Judge Mariana Ursachi (Pitic), the Vetting Commission concludes the evaluation of sitting SCJ Judges at the moment when the Law on SCJ vetting entered into force. In accordance with its mandate, the Commission will evaluate all candidates for the position of Supreme Court Judge until all vacancies in the Supreme Court are filled.

Context

The evaluation of Judge Mariana Ursachi (Pitic) consisted of verifying her financial and ethical integrity. For the financial integrity evaluation, the analysis period is up to 12 years, depending on the criterion set by the law. The Commission examined compliance with the financial regime regarding payment of taxes and the legal norms for the declaration of assets and personal interests, sources of income and the way in which the assets owned or possessed were acquired, as well as the expenses related to their maintenance. Regarding the ethical integrity evaluation, the analysis period is up to 10 years, depending on the legal criterion. The Commission verified whether the subject had engaged in arbitrary behavior or conflicts of interest incompatible with her judicial office.  

The Vetting Commission invited Judge Mariana Ursachi (Pitic) to attend multiple hearings, being presented with the doubts regarding her integrity on each of these occasions. She did not attend the planned hearings. Therefore, the Commission finalized the evaluation based on accumulated information.

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