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CCR rejects President’s referral, rules the law on statute of magistrates is constitutional

The Constitutional Court has ruled on Tuesday that the law on the statute of magistrates is constitutional, rejecting the President’s referral. This is Law 303/2004, which is part of the controversial package known as “the laws of justice”, recently amended by the Parliament, despite the criticism from magistrates, opposition parties and from the European Commission.

The law on the statute of magistrates will go further to promulgation, because the President has no other way to appeal.

On July 19, the head of state notified the Constitutional Court about the amendments made to Parliament to Law 303/2004 on the status of magistrates, arguing that the extraordinary session of the Chamber of Deputies, in which the legislative initiative was voted, was not legally summoned.

The law had been challenged to the CCR before, was returned to Parliament where it has been amended, but the President of Romania, the High Court of Cassation and Justice and the opposition parties have challenged it again. This time, constitutional judges have decided that the amendments made are in accordance with the fundamental law.

Iordache heralds nee debates on the justice laws, followed by potential GEO

The chairman of the special committee on the justice laws, Florin Iordache has announced on Tuesday that he would invite MPs, the representatives of the Justice Ministry, the Prosecutor’s Office and the Superior Council of Magistracy for debates next week on correlating the justice laws with the Venice Commission recommendations, while also mentioning a potential emergency ordinance.

He said he agrees the Venice Commission’s comment on revoking the CSM members, but that he doesn’t endorse re-discussing the role of the President in appointing judges, or re-discussing the establishment of a section to investigation the crimes in the judiciary system.

The President who is a political representative doesn’t belong to this process of naming judges. As for the section to investigate the magistrates’ crimes, Romania needs it to remove that pressure. Do you see normal that half of Romania’s prosecutors and judges had criminal record to DNA? I say not,” Iordache argued.


About Valeriu Lazar