Justice Minister claims emergency ordinance on laws of justice does not apply retroactively, is in line with the Venice Commission’s recommendations

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Justice Minister Tudorel Toader wrote on Sunday in a Facebook post that the emergency ordinance adopted by the Government to amend the laws of justice cannot be applied retroactively, so that “it does not affect the stability of prosecutors gained under the law”. He also argues that in the absence of the ordinance, the provisions of the law on early retirement of magistrates would have been enforced, contrary to the “presidential concerns” and the recommendations of the Venice Commission.

“By failing to achieve the stability acquired under the law, the requirement of 10 years for prosecutors with the Prosecutor General’s Office upon the High Court of Cassation and Justice is applicable to the tens of prosecutors delegated by the Prosecutor General, and in the future it will apply to all those who wish to become prosecutors with this institution!,” Tudorel Toader wrote.

In the absence of the emergency ordinance, Law 242/2018 would have been enforced, providing the possibility of early retirement for magistrates after 20 years of work, contrary to the Venice Commission’s recommendations, so some 2,000 magistrates would have benefitted with the risk of staff deficit.

The Justice Minister also wrote that by the GEO stability is ensured for the CSM members, who cannot be dismissed for subjective reasons; the civil society representatives take part to the CSM plenary sittings with voting rights; DNA and DIICOT prosecutors cannot be revoked when only warned; the interview with candidates for top offices with the Public Ministry are to be broadcast live.

Minister Tudorel Toader claims the Venice Commission has learned only about the solving of early retirement. Formally, the GEO is to be sent to the Venice Commission for examination and opinion, an opinion to be released during the plenary sitting in December 2018.


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