Provisions of the judicial organization law, declared unconstitutional, yet the most controversial ones are still on

The Constitutional Court of Romania has partially admitted some constitutional challenges filed against the amendments of Law 304/2004 on the judicial organization, one of the mostly debated justice laws.

The challenges have been filed by the Supreme Court and the National Liberal Party (PNL). The two have also filed some constitutional challenges against amendments to the law 303/2004 in the magistrates’ statute and the law 317/2004 on the CSM organization, but CCR announced it would debated them on January 30.

“We admitted four points of the concrete laws that the authors have criticized,” CCR president Valer Dorneanu said, adding the texts were referring to technical matters.

However, Dorneanu announced that the provision related to the special department to investigate prosecutors and judges is constitutional.

MPs have voted to set up a special department to investigate crimes committed by magistrates, particularly to carry on criminal prosecution for corruption crimes committed by judges and prosecutors, including members of the Superior Council of Magistracy and military judges and prosecutors. The amendment on this special body to investigate magistrates have been slammed by the opposition parties, but also by CSM, which gave a negative opinion for the justice laws.

At the same time, the constitutional judges have overruled the PNL’s appeal asking the Venice Commission to be notified for the go-ahead for the justice laws.

However, the judicial organization law is sent back to Parliament to be amended and voted again.