The governing majority PSD-ALDE could challenge the Cooperation and Verification Mechanism (CVM) report issued by the European Commission on Tuesday to the Court of Justice of the EU, an option confirmed by the Chamber of Deputies deputy speaker, Florin Iordache.
“We will discuss it. I’ve seen the information. The report is abnormal, a political report, I believe judicial arguments are needed,” Florin Iordache said on Wednesday for ziare.com.
Asked about his opinion, he said: “My opinion is that this political document has to be legally challenged, because it does not include legal arguments.”
“As we have a Constitution and a Parliament which has adopted the laws legally, some political instructors from Brussels cannot politically challenge the legitimacy of some decisions adopted by Parliament. Such a political approach can be denied with a legal approach. Undoubtedly, it could be challenged to the Court of Justice of the EU,” Florin Iordache said.
Asked who could notify the court, Iordache said: “Without doubt the Government, the State Secretary for the European Court.” Iordache does not rule out that the referral is made by parliament.
“I stress it again, the document was issued yesterday, we are analyzing it,” the PSD representative said.
Tariceanu: The CVM report cannot be challenged, the mechanism could be
Senate Speaker Calin Popescu Tariceanu commented on the plans to challenge the CVM report, conveying to the Social Democrats that they cannot do so because the report is not a legal act, it contains some recommendations to be discussed, but cannot be challenged.
“Let’s clear things a bit. The report is not a legal act, it is a recommendation and cannot be challenged in court. (…) The one who spoke maybe he was not careful enough,” Tariceanu said.
The ALDE leader stressed that the report itself is not a legal act, instead, the Cooperation and Verification Mechanism is rather a technical tool that could be subject to analysis.
Tariceanu also said that the report contains recommendations that need to be analyzed and stated that a more in-depth discussion with the European Commission should be made, because there is a “series of inaccuracies”.
The European Commission adopted on Tuesday its latest report on developments in Romania to meet its commitments on judicial reform and the fight against corruption, in the context of the CVM.
The report takes stock of the situation since November 2017. It notes that while Romania has taken some steps to implement the final 12 recommendations issued by the Commission in January 2017, in order to fulfil the CVM benchmarks, recent developments have reversed the course of progress and called into question the positive assessment made back in January 2017. This applies notably to judicial independence, judicial reform and tackling high-level corruption. Therefore, the report also sets out a number of additional recommendations for immediate follow up.