Justice Minister presents plans to amend the laws on the judiciary
The ruling coalition last week decided to modify the laws on the judiciary via a legislative initiative instead of a Government decree
Corina Cristea, 26.10.2017, 13:33
On Wednesday, the Justice Minister Tudorel Toader presented before Parliaments special committee the bill modifying the laws on the judiciary. From the very beginning, this reform initiative has triggered harsh criticism from the opposition and civil society, with the president labeling it as “an attack on the rule of law”. The Superior Council of Magistracy has in turn issued a negative opinion on the initiative. The law would restrict the remit of the National Anticorruption Directorate, preventing it from investigating magistrates.
Another change regards the way chief prosecutors are appointed. Under the new law a special unit responsible for investigating crimes perpetrated by magistrates is to be set up. Before the committee, Minister Toader presented a milder version of the law in what regards the appointment of high-ranking prosecutors, saying that he had referred the matter to the Venice Commission so as to reflect the recommendations stipulated under the Cooperation and Verification Mechanism (CVM) for Romania with respect to reforming the countrys judiciary and the fight against corruption. As regards the new Justice Inspectorate body, the line minister said the Governments bill provided for the setting up of this institution as a separate body.
Justice Minister Toader has stated:
“The Justice Inspectorate will not be subordinated to the Superior Council of Magistracy, nor to the Justice Ministry, but it will operate as an independent, autonomous institution in order to fulfill its constitutional mission”.
Minister Toader went on to say that a special law regulating this new institution would be adopted within six months. As regards magistrates accountability, Tudorel Toader said judges will have patrimonial liability over any actions performed in bad faith. Liberal MP Catalin Predoiu from the opposition, a former Justice Minister himself, referred to the real stake of this legislative initiative:
“This attempt at modifying the laws on the judiciary seeks to accomplish one single goal, namely to change the way high-ranking prosecutors are being appointed. Invoking the CVM to politicize the current paradigm, transferring the decision-making power to the Justice Ministry or who knows where else is merely a pretext for the Social-Democrats”.
Next week, the bill will be debated by Parliaments special committee responsible for unifying and ensuring legislative stability in the field of the judiciary. Meanwhile, the High Court of Cassation and Justice has called on Parliament to send the bill back to the Justice Ministry, claiming the document was not elaborated in a transparent manner and that it violates the legal provisions regulating the mechanism of drafting and adopting new legislation. (translated by Vlad Palcu)
