19 associations call on President Klaus Iohannis to intervene, as mediator, so that the country does not become a blocked project due to the amendments to the laws of justice. At the same time, the signatories believe that the head of state must request a point of view of the Venice Commission.
The letter reads that the president is a mediator when a crisis occurs in the functioning of public authorities, which is why the associations ask Klaus Iohannis to intervene as he did in the winter of 2017.
“Now, the street again complains of the same abuse – but on a much broader scale: last year it was about amending a single article of law, now it is about jeopardizing the independence of prosecutors and about subordinating the judiciary to the political authorities. It is a situation of unprecedented seriousness, as noticed by many independent state institutions, by European institutions, by professional organizations in the judiciary, and by EU and NATO partners. Along with the protesters in the street, they also asked for a halt in amending the laws of justice. We believe we are dealing with a conflict between the state authorities and between the state and the society, and we appeal to you to use all the instruments the Constitution provides and as a mediator who can defuse the conflict, so that Romania does not become a blocked project, failed in terms of the rule of law, captured by the criminal networks,” the open letter reads.
The signatories call on President Iohannis to request the Venice Commission an opinion related to the three bills adopted at the end of last year aiming the judges and prosecutors’ statute, judicial organisation and the Superior Council of Magistracy (CSM).
“In addition to our argument, we recall that in the latest report of the Cooperation and Verification Mechanism, assumed by the Treaty of Accession to the European Union, the European Commission asks the Romanian authorities to seek an opinion from the Venice Commission on amendments to the laws of justice. However, art. 148 par. 2 of the Constitution stipulates that the constituent treaties of the European Union, as well as the other binding Community regulations, take precedence over the contrary provisions of the internal laws. According to article 11 of the Constitution, the Romanian State undertakes to fulfil its obligations under the treaties to which it is party, accordingly and in good faith. Allowing these laws to come into force is equivalent to allowing the exit from European law and, implicitly, from the most important international treaty assumed by Romania, i.e. the treaty of EU accession. (…) We are convinced that these malignant laws take us out of the legal and historical frameworks of our destiny. Never your mediator role has been so vital (in the strongest sense of the word) than now. We believe that, by using the constitutional instruments at your disposal, you can make a decisive contribution to ending the conflict and safeguarding Romania’s European destiny.”
The letter is signed by: #activAG Piteşti, Acţiunea Civică Galaţi, Asociaţia Aradul Civic, Asociaţia Civică ProFest, Asociaţia Oradea Civică, Comunitatea Vă vedem in Sibiu, Corupţia Ucide, Grupul civic #Insist, Iniţiativa România, Iniţiativa Timişoara, Rezist Constanţa, Rezist în Bacău, #Rezist Liguria, #Rezist Milano, Rezist Râmnicu Vâlcea, #REZISTENŢA, România Vie, Ştafeta Steagului Uniunii Europene and Cuza Vrea Dreptate.
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