Reactions to proposed changes in the judiciary
Romanian prosecutors voice discontent with proposed changes in the judiciary
Ştefan Stoica, 30.08.2017, 12:28
The National Anti-Corruption Directorate warns that some of the suggested changes to the laws regulating the judicial system, as announced by the Justice Ministry, affect the independence of the relevant institutions and might be a form of pressure on the work of prosecutors. According to the Prosecutor General of Romania, Augustin Lazar, the main reasons for the discontent expressed by the 2,500 prosecutors who have been consulted on the matter have to do with the prospective political interference in the judicial system and the expected reduction of the powers that the National Anti-Corruption Directorate has at present.
Augustin Lazar: “One idea that we disagree with is that the judicial inspection corps should be subordinated to the Justice Ministry. Similarly, all prosecutors are strongly against setting up a special directorate to investigate magistrates.
As far as this latter proposal goes, the Prosecutor General says it was likely made by people outside the judicial system and is designed to restrict the powers of the National Anti-Corruption Directorate. “Investigations are not conducted against specific categories of people, but against specific categories of offences, and there is no such thing as a set of offences committed by or against magistrates, Augustin Lazar pointed out.
In turn, the prosecutors investigating organized crime have voiced reservations with respect to some of these changes. Faced with the overwhelmingly negative response of both experts and the public, PM Mihai Tudose promised that the draft law would take into account the opinion of the Higher Council of Magistrates and of the street protesters, while Justice Minister Tudorel Toader promised comprehensive public debate on the bill.
Tudorel Toader: “I will submit the bill for endorsement after everybody, from the general public to professional associations, has expressed their opinions, views and objections.
One of the changes that have sparked fiery reactions and street protests is the by-passing of the president of the country in the nomination of the prosecutor general and of the chiefs of the National Anti-Corruption Directorate and the Directorate Investigating Organised Crime and Terrorism. The US Embassy in Bucharest has voiced concerns with the independence of the judiciary and says a country needs independent prosecutors, able to investigate crimes without political interference and restraints in judicial procedures.
The leftist Government of Romania, which many suspect is trying to weaken the Anti-Corruption Directorate and to take control over the main judicial institutions, is unable to dispel these fears. Early this year, the Cabinets attempt to change the criminal codes through an emergency order brought hundreds of thousands to the street, amid suspicions that the Power was trying to help influential politicians and civil servants to get away with corruption. These days, Minister Toaders bills reinforce the notion that the Social Democratic Party has a hidden agenda in the field of the judiciary.
(translated by: Ana-Maria Popescu)
