President Klaus Iohannis has sent for review, to Parliament, on Friday, the second of the Laws of Justice, namely the Law to amend and complete Law no. 317/2004 on the Superior Council of Magistracy (CSM).
The head of the state shows in the request that the amendments to the law affect the Superior Council of Magistracy’s role of constitutional guarantor of the judiciary independence.
“The Law amending and completing Law No. 317/2004 on the Superior Council of Magistracy aims substantial legislative interventions that may affect the CSM functioning and its constitutional role, of guarantor of the judiciary independence, the exercise of the mandate of a member of this public authority , as well as the functioning of the Judicial Inspectorate.
At the same time, the law passed to the promulgation contains contradictory norms, references to non-existent provisions of Law no. 317/2004, unclear and/or uncorrelated provisions and even legislative parallels, which is why it is necessary to re-examine it by the Parliament,” the President’s request sent to Parliament reads.
On May 11, President Klaus Iohannis notified the Constitutional Court over the law on the CSM law, one of the three justice laws that the Parliament has adopted.
The Presidency noted at the time that there some provisions of the CSM law that are still breaking the constitutional provisions. The Presidency points out that judges and prosecutors of the CSM sections get new attributions which are breaking the Constitution.
Overall, the President recently argued that the three justice laws are not compliant with the Constitution and with the European standards.