Articol publicat pe site-ul BURSA On Line, ediția din 03.05.2018
Iohannis has established the course of the law of the judicial system: The Venice Commission - the Romanian Constitutional Court
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Klaus Iohannis: "The entire legislative package has been passed by the parliament in one week, and then naturally, more than four months and three decisions of the CCR have been necessary to correct some of its provisions".
     President Klaus Iohannis has announced that he has decided to send to the Constitutional Court the laws on the judicial system, but also to the Venice Commission. The president has issued a call to the CCR not to hurry and to work with the European entity, saying that after the Constitutional Court gets to issue an opinion on the new laws, a new analysis of the laws will be conducted and it will be decided then if a new reexamination of the three laws in the Parliament will be needed.

     The announcement of the president also represented an attack against the PSD: "In the autumn of 2016 there was an electoral campaign for the parliamentary elections and the PSD has fooled the people with a program that promised milk and honey all over, and they won the elections and have won the government, but what came after was completely different than what was promised: the assault on the judicial system began. (...) In the beginning of 2017 they came up with that infamous Government Emergency Ordinance 13. We managed to stop that Ordinance together. Hundreds of thousands of Romanians acting in good faith have protested in the street for that back then. The assault moved in the Parliament, and the result of the parliamentary action to change the laws of justice has now reached the stage where the promulgation of these laws is being requested. The original procedure, to put it politely, the rush that lacked any justification and the authoritarian manner in which the parliamentary debates have taken place have in the end caused a lot of distrust. The reform of the judicial system, as it is called by the PSD, is still being disputed by the professional associations of magistrates and it is raising great concerns from our foreign partners. In the form it is in now, the legislative package for the amendment of the laws of justice does not match the demands of any law-based and state, just like the Romanian Constitution emblematically states in article 1, nor the Romanians' expectations, who want an independent judicial system, based on the law and not subject to influence. I have therefore decided, to send the entire legislative package back to the Constitutional Court, and, at the same time, to notify the Venice Commission. That is why I am making an appeal on the Constitutional Court not to hurry and to work together with the European entity that has contributed for almost 30 years to the development of a constitutional patrimony in Europe and which supports the states that want to place the judicial and institutional structures in agreement with the international standards and good practices in regard to democracy, the preeminence of the law and the protection of human rights, including by granting an emergency constitutional support. (...) In an authentic democracy, the separation of powers in the state means a constructive collaboration for achieving the public interest, mutual respect between the institutions, but particularly balance and the mutual checks and balances. The laws of the judicial system have an essential part in the implementation of these principles. The entire legislative package has been passed by the parliament in one week, and then naturally, more than four months and three decisions of the CCR have been necessary to correct some of its provisions. All of these things prove that the result of the parliamentary deliberations would have stood to gain, if the texts had been better backed by facts and more widely debated. Obviously, in the form in which they are presented now, the legislative package for the modification of the laws of justice does not match the demands of any law-based and state, just like the Romanian Constitution emblematically states in article 1, nor the Romanians' expectations, who want an independent judicial system, based on the law and not subject to influence".

     The president expressed his conviction that the judges of the CCR honor their statute of guarantors of the supremacy of the Fundamental Law and of defenders of democracy through law.

     The president of the Senate, Călin Popescu Tăriceanu said that he was expecting this action from the president: " It was to be expected that the president, once the laws reached the presidential institution, would notify the CCR. I had no illusions that he wouldn't resort to this instrument. When the CCR verifies constitutionality it always includes the recommendations of the Venice Commission, so the additional notification of the Venice Commission seems more like an approach that would slow down or postpone the moment of the implementation of these laws".

     On the other hand, the special Parliamentary Commission for the laws on the judicial system yesterday began the general debates concerning the amendment of the Penal Code, of the Criminal Procedure Code and of the Civil procedure code. The meeting was also attended by the minister of Justice, Tudorel Toader, who said that he has received numerous proposals concerning the four criminal codes, and the ministry would continue its assessment, to check whether there is a need for other amendments, others than the ones that exist so far. 
O.D. (Translated by Cosmin Ghidovean)
 

 

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