RRI Live!

Listen to Radio Romania International Live

Criticism and recommendations from the Venice Commission

The Venice Commission recommends Romania to give up emergency ordinances in the area of the judiciary.

Criticism and recommendations from the Venice Commission
Criticism and recommendations from the Venice Commission

, 25.06.2019, 12:43

The most problematic elements of the 2018 reform, identified in the
opinion of October 2018, either remained unchanged or were aggravated, notes
the Venice Commission, the Council of Europe’s advisory body in matters of
constitutional law, in an opinion published on Monday. The Commission levels
fresh criticism at the amendments to the justice legislation made by the
Romanian government last year and calls on the Romanian authorities to
drastically limit the use of emergency ordinances in this area. The practice of
making legislative amendments by emergency ordinances weakens external checks
on the government, it is contrary to the principle of separation of powers and
disturbs legal certainty, writes the Commission in its conclusions.




As for the recently established
special section for the investigation of criminal offences in the judiciary,
the Commission’s experts say the reasons for its creation remain unclear.
Moreover, they warn that it risks being an obstacle to the fight against
corruption and organised crime. In Bucharest, the opposition and magistrates’
associations view this section as a means of intimidating judges and
prosecutors and believe it should be dismantled. The Venice Commission also
notes that the justice minister still plays a decisive role in the appointment
and dismissal of top prosecutors, without counterbalancing powers of the
president or the Superior Council of Magistracy. The Commission says it remains
at the disposal of the Romanian authorities and the Monitoring Committee of the
Parliamentary Assembly for further assistance in this matter.




President Klaus Iohannis believes
the aspects highlighted by the Venice Commission reinforce the conclusion that
the government has abused the instrument of emergency ordinances, bypassing
both real debate in Parliament of the measures pursued and consultation with
the representatives of the judicial system. Overnight changes in such a
sensitive area and the lack of real control in terms of the constitutional
nature of the emergency ordinances not only upset the entire system, but also affect
the very essence of the rule of law: legal stability and predictability and the
principle of the separation of powers, the president has emphasised. He added
that the message conveyed by the Venice Commission is loud and clear: the
government has to repair the damage caused to the judicial system by putting
into application the recommendations of the European bodies in the field as
soon as possible and in their entirety.




We recall that president Iohannis
was the initiator of a referendum on judiciary-related themes held at the same
time as the European elections. An overwhelming majority of Romanian voters
agreed with a ban on amnesty and pardon for corruption crimes and on
government’s ability to issue emergency ordinances in the area of crimes,
punishments and judicial organisation.

Tags:
Nicuşor Dan, visits the border police and the military port in Constanța; photo: presidency
Today in the News Monday, 08 June 2026

Sea drone in the port of Constanta

A sea drone self-destroyed without making victims in the Black Sea port of Constanta, south-eastern Romania at the end of last week. The Department...

Sea drone in the port of Constanta
Photo: pixabay.com
Today in the News Monday, 08 June 2026

Banks hit with sanctions

The Competition Council has levied unprecedented sanctions on 10 commercial banks in Romania, which it found guilty of violating the competition...

Banks hit with sanctions
Photo: Facebook / Curtea Constituțională a României)
Today in the News Friday, 05 June 2026

Constitutional Court Ruling on the SAFE Program

The Constitutional Court of Romania (CCR) has rejected the complaint filed by 53 members of parliamentary groups in the Chamber of Deputies and by...

Constitutional Court Ruling on the SAFE Program
© European Union - Source: EC - Audiovisual Service / Photographer: Christophe Licoppe
Today in the News Thursday, 04 June 2026

European Commission Report on Romania

The European Commission notes that Romania, along with eight other countries, has taken effective measures to correct its excessive deficit. Brussels...

European Commission Report on Romania
Today in the News Thursday, 04 June 2026

Romania’s accession to the OECD

In Paris to attend a meeting of the Ministerial Council of the Organisation for Economic Cooperation and Development, Romania’s interim foreign...

Romania’s accession to the OECD
Today in the News Wednesday, 03 June 2026

Defence Funding Through the SAFE Program

Romania will receive approximately 16.7 billion euros for the procurement of military equipment and infrastructure through the Security Action for...

Defence Funding Through the SAFE Program
Today in the News Wednesday, 03 June 2026

Unified wage law faces continued backlash

Anxiety and frustration remain the dominant mood across Romanian society. With record-high inflation for a European Union member state, an increased...

Unified wage law faces continued backlash
Today in the News Tuesday, 02 June 2026

Explosion of Russian drone in Romania, condemned at the UN

More than 56 countries, mainly members of the European Union and NATO, condemned at the UN Russia’s “unacceptable” behavior after a drone...

Explosion of Russian drone in Romania, condemned at the UN

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