Senate approves justice laws
Praised by the ruling coalition but criticized by the opposition, the justice laws were approved by Parliament.
Ştefan Stoica, 18.10.2022, 14:00
The three laws elaborated by the Justice Ministry, regulating the functioning of the Superior Council of Magistracy, judicial organization and the status of judges and prosecutors, were adopted by the Senate, the decision-making body in this matter. The ruling coalition in Bucharest had an easy job passing the law facing a fragile opposition, whose only option now is to challenge the laws at the Constitutional Court in order to block them. USR in opposition criticized the laws, the proceeding of the debates as well as the fact that the ruling coalition didnt wait for the opinion of the Venice Commission. The chairman of the Senates constitutionality committee, Simona Spătaru from USR, claims the current laws are even worse than the ones proposed by the Dragnea regime 5 years ago. We recall that the ruling party back then, PSD, tried to swiftly pass the laws through Parliament, but they were met with public opposition, street protests and criticism from European partner institutions. The party leader, Liviu Dragnea, faced a number of investigations and was eventually sentenced for corruption in 2019.
Now, USR believes the remit of the National Anti-Corruption Directorate (DNA) and the Directorate for Investigating Organized Crime and Terrorism (DIICOT) remain vaguely defined, which represents a blow dealt to the fight against corruption and organized crime. The opposition also condemns the involvement of the political elites in appointing top-level prosecutors. In turn, ruling coalition representatives claim the texts fall in line with recommendations issued by the relevant European institutions. The laws guarantee the independence of the judiciary and protect the justice system against any ingressions, internal or external, Social-Democrat Senator Robert Cazanciuc, a former Justice Minister, says. Prime Minister Nicolae Ciucă says the justice laws lay the foundations for streamlining the system, align the countrys judiciary to European standards and consolidate its independence.
A controversial measure was to eliminate disciplinary investigations of magistrates who dont comply with rulings issued by the European Court of Justice, the European Court for Human Rights, the Constitutional Court of Romania and the High Court of Cassation and Justice for any appeal. Interim Senate Speaker, Alina Gorghiu, argues that, if the provision had been maintained, it would mean that judges can only rule appeals when threatened by disciplinary actions. The measure is meant to make magistrates more responsible and independent, encouraging free thought and making them equal to their European peers, Gorghiu went on to say. Another provision in the law package, criticized by experts, exempt the prosecutor general with the High Court of Cassation and Justice and the latters president from any disciplinary action designed to investigate offenses committed by judges and prosecutors, putting the Judicial Inspection Department of the Superior Council of Magistracy in charge of these proceedings. (VP)
