RRI Live!

Listen to Radio Romania International Live

The Justice Laws, under Scrutiny

The law on the status of judges, part of the controversial legislative package on the judiciary, has been sent back for review to the Chamber of Deputies

The Justice Laws, under Scrutiny
The Justice Laws, under Scrutiny

, 14.05.2018, 13:42

In the one and a half years since the latest legislative elections, the judiciary has been a recurrent theme for the leftist government formed by the Social Democratic Party and the Alliance of Liberals and Democrats. One by one, the justice laws, the Criminal Code and the Code of Criminal Procedure were all refashioned. Power says it was absolutely necessary to bring these laws in line with the rulings of the Constitutional Court and to improve them so as to close the doors for abuse in the judicial system.



The Opposition, on the other hand, criticises the quasi-authoritarian manner in which the political majority changes the relevant legislation. Furthermore, together with magistrate associations and international bodies, Opposition MPs perceive this large-scale legislative process as a poorly disguised attack against the independence of the judiciary and an attempt to undermine the National Anti-Corruption Directorate, the spearhead of the fight against corruption.



A constant critic of the ruling coalition, President Klaus Iohannis has already announced he would resend the justice laws to the Constitutional Court. The Chamber of Deputies has already received for review the bill on the status of magistrates, which was already subject to an unconstitutionality ruling. The Constitutional Court found the text at odds with the Constitution, and a special parliamentary committee headed by the Social Democrat Florin Iordache operated a number of changes, including a redefinition of the concept of judicial error. The parliamentary majority decided that a judicial error takes place where judicial proceedings have been ordered in obvious breach of the relevant legislation, or when a final and binding ruling has been passed in violation of the law. The Opposition claims this definition is far from clear, and announced a new notification of the Constitutional Court is being considered. Here is Senator Alina Gorghiu of the National Liberal Party:



I seriously doubt that the concept of judicial error has been regulated to the standards required by the Venice Commission, which is obviously why we will not hesitate to send it to the Constitutional Court. And this is not only to annoy Mr Dragnea, although I do not mind this, but because we believe the judicial system deserves better laws.”



Florin Iordache replies that the new definition is in line with the comments made by the Constitutional Court and better regulates the responsibility of magistrates:



As we said from the very beginning, we want magistrates to be liable for bad faith or gross negligence, but we also want a good definition of what judicial error is, so as to make sure that moving against a magistrate is only possible in case of judicial errors. Unlike our colleagues in the Opposition, we actually came up with a text, we were constructive and offered a starting point for debate.”



Parliament’s agenda also includes talks on the suggested changes of the Criminal Code. The Higher Council of Magistracy has already notified all courts and prosecutor offices that it would not support the introduction in the Criminal Code of such offences as “bad faith,” “gross negligence” or other offences liable to infringe upon the independence of the judiciary.


(Translated by A.M. Popescu)

Photo: pixabay@AlexFedini
Today in the News Wednesday, 18 March 2026

Sufficient fuel stocks

Romania has sufficient fuel stocks and there will be no supply disruptions that might increase gasoline and diesel oil prices uncontrollably, the...

Sufficient fuel stocks
Nadia Comăneci was celebrated in the European Parliament. Photo: EP
Today in the News Wednesday, 18 March 2026

Nadia Comăneci celebrated in the European Parliament

This year marks half a century since former Romanian gymnast Nadia Comăneci achieved the first perfect score in history at the Olympic Games in...

Nadia Comăneci celebrated in the European Parliament
Source: facebook.com/mapn.ro
Today in the News Tuesday, 17 March 2026

Romania and the Middle East conflict

The Romanian Foreign Ministry responded promptly to warnings issued on Monday by the Iranian side, stating that Romania is not part of the Middle...

Romania and the Middle East conflict
Photo: geralt / pixabay.com
Today in the News Tuesday, 17 March 2026

An OECD report on Romania

Conducted every other year, the OECD economic reports contain periodic analyses of the economies of the member states as well as the partners and...

An OECD report on Romania
Today in the News Monday, 16 March 2026

Political disputes on the draft budget

Political disputes concerning Romania’s belated 2026 draft budget are going on until the last moment. On Thursday night, the Executive endorsed the...

Political disputes on the draft budget
Today in the News Monday, 16 March 2026

Student protests

Members of the National Alliance of Student Organizations in Romania protested on Saturday, in front of the government offices in Bucharest and in...

Student protests
Today in the News Friday, 13 March 2026

Romania – Ukraine Strategic Partnership

Romania and Ukraine have been connected, as of Thursday,  by a newly established Strategic Partnership, signed in Bucharest by Presidents Nicușor...

Romania – Ukraine Strategic Partnership
Today in the News Friday, 13 March 2026

Government adopts 2026 budget

The Government in Bucharest approved, on Thursday, the state and social security budget bills for 2026. In drafting Romania’s budget, the...

Government adopts 2026 budget

Partners

Muzeul Național al Țăranului Român Muzeul Național al Țăranului Român
Liga Studentilor Romani din Strainatate - LSRS Liga Studentilor Romani din Strainatate - LSRS
Modernism | The Leading Romanian Art Magazine Online Modernism | The Leading Romanian Art Magazine Online
Institului European din România Institului European din România
Institutul Francez din România – Bucureşti Institutul Francez din România – Bucureşti
Muzeul Național de Artă al României Muzeul Național de Artă al României
Le petit Journal Le petit Journal
Radio Prague International Radio Prague International
Muzeul Național de Istorie a României Muzeul Național de Istorie a României
ARCUB ARCUB
Radio Canada International Radio Canada International
Muzeul Național al Satului „Dimitrie Gusti” Muzeul Național al Satului „Dimitrie Gusti”
SWI swissinfo.ch SWI swissinfo.ch
UBB Radio ONLINE UBB Radio ONLINE
Strona główna - English Section - polskieradio.pl Strona główna - English Section - polskieradio.pl
creart - Centrul de Creație Artă și Tradiție al Municipiului Bucuresti creart - Centrul de Creație Artă și Tradiție al Municipiului Bucuresti
italradio italradio
Institutul Confucius Institutul Confucius
BUCPRESS - știri din Cernăuți BUCPRESS - știri din Cernăuți

Affiliates

Euranet Plus Euranet Plus
AIB | the trade association for international broadcasters AIB | the trade association for international broadcasters
Digital Radio Mondiale Digital Radio Mondiale
News and current affairs from Germany and around the world News and current affairs from Germany and around the world
Comunità radiotelevisiva italofona Comunità radiotelevisiva italofona

Providers

RADIOCOM RADIOCOM
Zeno Media - The Everything Audio Company Zeno Media - The Everything Audio Company