Section Investigating Criminal Offences within the Judiciary, dismantled
The Romanian Senate green lighted the draft law on dismantling the controversial Section Investigating Criminal Offences within the Judiciary.
Ştefan Stoica, 01.03.2022, 13:50
Section Investigating Criminal Offences within the Judiciary was set up in 2018, when the political power was held almost exclusively by the Social Democratic Party (PSD). It was the year of the massive anti-government protests in August, aimed at denouncing what its organizers defined as the Social Democrats’ attack on justice. The Section itself was perceived as a tool aimed at intimidating prosecutors investigating high level corruption. Given the controversy sparked by the setting up this new structure in the judicial system, with unclear objectives and ineffective functioning, the matter was taken to the European Court of Justice, following court cases opened by Romanian magistratats’ associations. According to the European Court of Justice, practical examples taken from the Section’s activity are likely to confirm the risk of it resembling an instrument of political pressure, and influencing the course of certain criminal investigations or legal proceedings regarding, among others, high level corruption, in a manner that raises doubts over its objectiveness.
Set up by the PSD, the Section is now being dismantled by the Social Democrats, the Liberals and the Democratic Union of Ethnic Hungarians in Romania (UDMR), who form the majority in power. The prosecutors’ offices will take over the attributions of the Section and files will be allocated to designated prosecutors, for a period of four years. Social Democratic senator, Robert Cazanciuc, said the draft law should not be seen as cover for abuse, but as guarantee that the act of justice serves the citizens. Robert Cazanciuc: No one, under any circumstance, is allowed to divert the act of justice to serve group interests or particular interests. Doing justice is the task of judges who have the will, capacity and knowledge to accomplish this huge social mission.
For the Liberals, the Section’ dismantling fixes a legislative error that has jeopardized the rule of law in Romania, while UDMR says it is an objective of the ruling coalition which complies with the recommendations of the relevant international institutions. From the opposition, the Save Romania Union (USR) has criticized the draft law, arguing it does not bring a real dismantling of this structure but its reshaping, with the purpose of controlling Romanian magistrates.
USR senator, Simona Spataru, said: With this project, the Section Investigating Criminal Offences within the Judiciary will in fact be stronger, while the Anti-Corruption Directorate and the Department for the Investigation of Organized Crime and Terrorism will be weakened, because we know that in all high level corruption cases when magistrates were also involved, politicians were always supported by business people.
It is their fear of the Anti-Corruption Directorate that makes politicians vote in favor of maintaining the Section under a different shape, which is more powerful and effective, Spataru also said. USR has announced it will appeal the draft law at the Constitutional Court. (EE)
