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The Constitutional Court denounces "virulent attacks against the Court" and the Venice Commission invokes freedom of expression, a fundamental value of democracy. Only officials should abstain.
The Venice Commission officially responded to the Constitutional Court of Romania. After reminding Valer Dorneanu that last month a delegation of the Commission was in Bucharest and spoke about it, the President of the Venice Commission reminded Dorneanu that criticism of the decisions of the Constitutional Court is allowed and that the freedom of Expression is a fundamental value.
Here is the letter from Gianni Buquicchio, President of the Venice Commission:
"Thank you for the letter of June 6, 2018, informing me of the pressure on the Constitutional Court in Romania. June 11, 2018, a delegation of the Venice Commission made a visit to Bucharest and, inter alia, discussed these issues with your Court
I would like to remind you that in a democratic state, governed by the state In law, criticism of decisions of constitutional courts is permissible.Freedom of expression is a fundamental value in a democratic state, but public officials must refrain from criticizing them. the non-execution of the decisions of the Court are inadmissible The decisions of the Constitutional Court are final and binding and must be applied.This important position of the Constitutional Courts is 9, also accompanies a strong responsibility of the courts to make decisions in accordance with the Constitution and its principles.
At its 115th plenary session (No. 22-23 June 2018), the Venice Commission discussed judicial reform in Romania. In view of the urgency of this issue, the Commission instructed the rapporteurs and the Bureau of the Commission to prepare a preliminary opinion in July. By letter of June 20, 2018, you also informed me of a discussion between Judge Lăzăroiu and the presidential adviser of the President of Romania on Judge Lăzăroiu's term of office. Gianni Buquicchio replied: "We recall that the members of the Romanian Constitutional Court heard the Secretary General of the Council of Europe, the Venice Commission and the President of the Court of Justice. European Constitutional Court on "Violent Attacks on the Court"
"The plenary of the Romanian Constitutional Court, held on Tuesday, voted unanimously, in the presence of all its members, the notification of the Secretary General of the Council of Europe for Democracy through Law (Venice Commission) and the President of the Conference of European Constitutional Courts on Violent Attacks on the Constitutional Court, during which certain representatives of the public authorities and some parliamentary parties also discredited their delegitimization of this fundamental institution of the state – guarantor of the supremacy of the Constitution – called into question by the necessity of its decisions and even the exhortations addressed to the population and to the president of the State of not to comply with Decision No. 538 of May 30 the request to settle the constitutional legal conflict between the Minister of Justice, on the one hand, and the President of Romania, on the other hand, mainly between the Romanian Government and the President of Romania, at the request of the Prime Minister according to the press release then RCC
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