Justice Laws referred to the Constitutional Court

Romanias President Klaus Iohannis decided to send back the justice laws to the Constitutional Court.

Ştefan Stoica, 03.05.2018, 12:56

Passed in December by the ruling coalition with a haste criticized by the right-wing opposition, the justice laws were green-lit by the Constitutional Court and were sent to the president for ratification. President Klaus Iohannis has announced he is sending the law package back to the Court and will notify the Venice Commission over their content.

The president has identified what he claims to be vulnerable and non-constitutional points in the laws referring to the status of magistrates, judicial organization and the functioning of the Superior Council of Magistracy. The president believes the laws are not well suited for Romania’s legislative framework and don’t comply with European standards in the field.

Klaus Iohannis said the new provisions weaken the status of prosecutors and could impact the functioning of courts with the risk of blocking the judicial process. The new institutions created under the new laws are aimed at intimidating magistrates instead of streamlining the justice system, the president also argues. Similarly, increasing the role of the Justice Minister to the detriment of the Superior Council of Magistracy could jeopardize the organizational independence of the judiciary.

Klaus Iohannis: “Obviously, in their current form, the justice laws don’t meet the demands of democracy and the rule of law, as stipulated in Article 1 of the Romanian Constitution, or the demands of Romanians, who want an independent judiciary, impervious to external influences and based on the law”.

Notifying the Venice Commission, in addition to calling on the Constitutional Court to re-examine the new laws, is important, given the major role of this European institution, which for nearly 30 years has been contributing to developing a common constitutional framework in Europe.

The Venice Commission has been helping states harmonize their judicial and institutional structures with the international standards and best practices in the field of democracy and human rights, including by providing them with emergency constitutional aid, the President went on to say. Klaus Iohannis has called on the Constitutional Court to take its time before issuing a ruling on the laws and work together with the Venice Commission.

In turn, the ruling coalition claims the president wants to slow down the implementation of the justice laws and accuse him of being driven by election interests. The right-wing opposition has hailed the president’s choice to refer the laws to the Constitutional Court and the Venice Commission and is calling for the resignation of the Justice Minister Tudorel Toader.