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Update – CCR: Some amendments brought to the law on CSM organisation, unconstitutional

The Constitutional Court of Romania (CCR) has decided on Tuesday that some provisions of the amendments to Law 317/2004 on the organization and functioning of the Superior Council of Magistracy (CSM) are unconstitutional.

“We have ruled on the third law of justice – Law 317/2004 on the organization of the CSM The solution is to unanimously admit texts referring to various points of the organizing law. I am giving you a few examples: it is a repeating text. Or, according to the Law on legal technique, it is not usual and it is forbidden to have several texts listed in parallel which could lead to confusion in the process of enforcement,” CCR President Valer Dorneanu said.

He said that another text which has been declared unconstitutional refers to the election of the CSM president and vice-president.

“The current text has actually omitted, bypassed the constitutional text that reads they are appointed by the CSM plenum. The text that we criticized meant that the president of the Section of judges is appointed by law (the CSM president) and the vice-president is appointed from the prosecutors. The text contradicted the constitutional provisions, “the head of the CCR said.

Valer Dorneanu pointed out that criticisms regarding the other texts have been rejected.

The Liberals filed in late December notifications of unconstitutionality to the Constitutional Court (CCR) regarding the amendments to the Law 317/2004 on the activity of the Superior Council of Magistracy (CSM), on the law on corporate governance of public enterprises and on the law regarding over-taxation of gas.

Regarding the amendments made to Law 317/2004 on the organization and activity of the Superior Council of Magistracy, the PNL identified vices of unconstitutionality that could invalidate the draft law as a whole, both in relation to the way it was adopted and in relation to the regulations contrary to the Constitution, which refers to the procedure for appointing the CSM leadership.

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