Constitutional Court to look at the justice laws

constitutional court to look at the justice laws Met with criticism by the opposition, civil society and even the European Union, parts of Romania's new justice laws are now being looked at by the Constitutional Court

Plans to amend the justice laws have already sparked new street protests this year in Romania. The amendments, initiated by the leftist ruling coalition formed by the Social Democratic Party and the Alliance of Liberals and Democrats, have been criticised by the right-wing opposition, civil society and some of the magistrates, who say they aim to place the judiciary under political control. Three pieces of legislation, on the status of magistrates, on judicial organisation, and on the functioning of the Supreme Council of Magistracy, were immediately challenged before the Constitutional Court by the National Liberal Party, the main opposition party, and the High Court of Cassation and Justice. 


Claimants say the three laws violate the Constitution and are confusing. On Tuesday, the Constitutional Court accepted some of the complaints having to do with the law on the status of magistrates and asked for a redefinition of the concepts of "judicial error", "bad faith" and "grave negligence" that appear in the provisions on magistrates' accountability. The president of the Constitutional Court Valer Dorneanu said the court postponed for the 13th of February a discussion of the complaints against the law on the functioning of the Supreme Council of Magistracy. 


Valer Dorneanu:  "The court has not admitted some of the complaints that were insufficiently motivated. It has admitted a series of complaints, including some against the section of the law dealing with the accountability of magistrates, and has requested a redefinition of the notions of 'judicial error', 'bad faith' and 'grave negligence'."


Valer Dorneanu also says the Court has admitted the complaints against the provisions dealing with the role of the president of the country in the appointment of chief prosecutors, complaints that seek to achieve a clearer division of roles between the president and the Constitutional Court. President Klaus Iohannis, who attended the Supreme Council of Magistracy's first meeting this year, also criticised the way in which the new justice laws were passed. He was hoping at the time that the laws would be improved and that the Constitutional Court judges would analyse them with professionalism and objectivity. 


The amendments to the justice laws have also caused concern at the top of the European Union. A week ago, the European Commission voiced its concern about the recent developments in Romania and called on Parliament to reconsider the changes to the justice laws. According to the Commission, the independence of the judicial system and its ability to fight corruption efficiently are the cornerstones of a strong Romania within the European Union.  (translated by Cristina Mateescu)



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Publicat: 2018-01-31 14:04:00
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