Reactions to the revisions of the criminal codes

Plans to revision criminal codes causes concern among Romanias foreign partners

Bogdan Matei, 30.06.2018, 10:09

The government says the amendments to the criminal codes are in keeping with the rulings of the Constitutional Court of Romania and of the European Court of Human Rights and that they are intended to put an end to the abuses taking place in the justice system and prevent the infringement of human rights. Critics, on the other hand, fear that the leftist majority is passing laws that help criminals in its attempt to place magistrates under political control and halt the anti-corruption fight.

The embassies of 12 western states, all of whom are stable democracies, on Thursday called on all sides involved in amending Romania’s criminal and criminal procedure codes to avoid changes that can weaken the rule of law or Romania’s ability to fight corruption and crime in general. This view is expressed in a joint statement signed by the embassies of the United States, Canada, Switzerland and Norway and eight EU member states, namely Belgium, Denmark, Finland, France, Germany, Luxembourg, Holland and Sweden. The signatories say they are worried about the fact that some of the changes are likely to impede, in the future, international cooperation in the area of law enforcement and negatively affect the fight against violent crime, transnational organised crime, financial crimes and drug and human trafficking.

A constant critic of the government coalition, president Klaus Iohannis believes the concerns of these embassies are justified and emphasises that the legislation should enhance the independence and efficiency of the justice system. Klaus Iohannis:

“They are perfectly right. It’s something I have been saying myself for a long time. The justice legislation can be amended, but the amendments should enhance the independence and efficiency of the justice system. These warnings are exactly the things I have been saying for a long time and the things that Romanians themselves have been saying. I hope the Social Democratic Party listens to them.”

This view is shared by Ludovic Orban, the leader of the main opposition party, the National Liberal Party.

On the other hand, the chairman of the special committee in charge of the justice laws and former Social Democrat minister Florin Iordache has given assurances that the criminal and criminal procedure codes comply with all legal procedures:

“There is no basis for these concerns. As far as the criminal procedure code is concerned, we have merely harmonised our legislation with the European directives and the decisions of the Court.”

The foreign ministry says it has taken note of the position expressed by the 12 partner states and has pointed out that the amendment of the criminal legislation is the responsibility of Parliament, as laid down in the Constitution, while the consolidation of the rule of law and the fight against corruption are among the government’s priorities.