New emergency decrees on the judiciary

Emergency legislation passed by the left-of-centre Government enrages the right-wing Opposition

Roxana Vasile, 20.02.2019, 13:28

Since the latest parliamentary elections in 2016, the justice field has been a battlefield for political disputes between Power and Opposition. On the one hand, the ruling coalition made up of the Social Democratic Party and the Alliance of Liberals and Democrats says it is trying to address legislative errors in the field and thus to modernise the legislation on which the judicial system is based, in full compliance with human rights. On the contrary, the right-wing Opposition, consisting primarily of the National Liberal Party and Save Romania Union, argue that all the measures taken in this respect are designed to undermine the work of magistrates, benefiting the Governments cronies.

This Tuesday, the Cabinet passed an emergency decree stipulating, among other things, that senior positions in prosecutors offices can no longer be assigned by delegation. According to the Justice Minister Tudorel Toader, these positions include the prosecutor general, the deputy prosecutor general, the chief prosecutor of the National Anti-Corruption Directorate, the chief prosecutor of the Directorate Combatting Organised Crime and Terrorism, and heads of prosecutors offices. These are fixed 3-year terms in office, and a new term will require a new appointment procedure, comprising an interview, the advisory opinion of the Superior Council of Magistracy, and the appointment decree signed by the president of the country.

Also, considering that under the new emergency decree former judges may also run for a senior prosecutor position, the advisory opinion of the Superior Council of Magistracy will be required both from the institutions division for prosecutors, and from the division for judges. Given that many of the posts in question are currently held by delegation, the office holders only have 45 days until new appointment procedures must be completed.

Also on Tuesday, after receiving the positive advisory opinion of the Superior Council of Magistracy, the Government passed an emergency decree concerning the selection of Romanias candidate for European prosecutor within the European Public Prosecutors Office (EPPO). This does not concern the European Chief Prosecutor position, for which the procedure is different and has already been initiated. Minister Toader explained that there will be a second category of prosecutors to be selected through a subsequent procedure, namely the delegated prosecutors. Whereas the European prosecutor will work in Luxembourg, the delegated prosecutor will work in Romania on behalf of the EPPO.

The National Liberal Party responded quickly after the 2 decrees were passed. They announced they would table a simple motion against Minister Toader in the Chamber of Deputies. Save Romania Union also spoke about a black day for the Romanian judiciary, and called on international institutions to step in and on Romanian citizens not to stay indifferent.

So protesters were also a part of the picture: people gathered on Tuesday night in front of the Justice Ministry, throwing rocks and paint. As for President Klaus Iohannis, he wrote on Facebook that, by means of such emergency decrees, the Social Democratic Party once again works against justice and the rule of law, and seeks to give special status to individuals who are on bad terms with the law.

In response, the left-wing Prime Minister Viorica Dancila reiterated that laws are not created just for an individual, that politicians must not interfere with the justice system and that citizens rights must be complied with, while the fight against corruption must continue.

(translated by: Ana-Maria Popescu)