According to the judges, Camelia Bogdan has started working for a private firm, in exchange of a compensation, and has undermined the independence of justice, leading to an erosion of trust and respect towards the position of magistrate. The High Court concluded that judge Bogdan is guilty of incompatibility.
GIP has published the reasoning of the High Court Resolution from 13 December 2017 by which judge Bogdan was sanctioned with the disciplinary relocation for a period of 6 months in Târgu Mureș. The sanction set by the High Court is adopted following the GIP disclosures on the participation of Camelia Bogdan in a seminar funded by the Ministry of Agriculture while judging the ICA case.
The High Court decided that:
- „The Judicial Disciplinary Department has reasonably established he existence of a disciplinary infringement on the part of Judge Camelia Bogdan”. (page 38)
- The participation of Camelia Bogdan as a lecturer in the courses funded by the Ministry of Agriculture and organized by a private firm „resulted in a state of incompatibility”. (page 38)
- „The appointment of the judge for performing the said activity was not made in a transparent manner and in compliance with the specific procedures”. (page 38)
- Camelia Bogdan „submitted to contractual obligations towards a commercial, for-profit company, in exchange for financial compensation”. (page 39)
- „The programme was not intended for the justice system, concerning instead the Common Agricultural Policy, the recipients and beneficiaries of those courses being public officials of the Agency for Payments and Intervention in Agriculture (APIA). Among the 248 participants in the professional training course, only 6 were legal advisors, law professionals.” (page 40)
- „Feeling that a potential state of incompatibility may arise”, judge Bogdan did not address the Superior Council of Magistracy (CSM), but „she chose an informal way to address the then management of the National Agency for Integrity”. (page 43)
- „The immediate and direct consequence of this conduct, that Camelia Bogdan tries to ignore, consists in the erosion of trust and respect towards the position of magistrate, by undermining its independence, thus affecting the image and prestige of justice, as a public service and system.” (page 44)
Nevertheless, The High Court decided that judge Bogdan will not be given the severest sanction possible - the removal from magistracy - as established by CSM on 8 February 2017. The judges of the High Court have decided to sanction Camelia Bogdan with the disciplinary relocation in order to „draw the attention on the severity of the infringement and its consequences, taking into account as well the aspects judiciously noted by the disciplinary court with regard to the conduct not compatible with the status of judge and the manner in which the party has referred to the infringement and its consequences”. (page 46)