[ad_1]
The Venice Commission criticizes the amendments to the Laws of Justice and asks the Romanian authorities to rethink the appointment and dismissal of the DNA, DIICOT and Attorney General Prosecutors. More specifically, the Venice Commission calls for the maintenance of the roles of the President of Romania and the SCM
The Venice Commission experts also recommend amending the Constitution to ensure a balance between the powers of the President, SCM and the Minister of Justice. 19659003] The Minister of Justice should not have more power in this procedure than the Head of State or the CSM, notes the Venice Commission
The Venice Commission today issued a preliminary opinion on the amendments to the three laws of justice. with regard to the judicial organization, concluding that the amendments "will most probably undermine the independence of Romanian prosecutors and judges and the public's confidence in the law". The document can be found here
"These amendments include amendments that may affect the independence of prosecutors, such as the new system of appointment and dismissal of prosecutors, the role of Minister of Justice and the emergence of the hierarchical control. The limitation of the freedom of expression of the magistrates raises concerns as well as the new section for the magistrates instructors, but also the new organization which weakens the the role of the CSM as a guarantee of the independence of the judiciary "
Although certain improvements have been made to the criticisms and decisions of the Constitutional Court, it is difficult not to see the danger that these instruments could pose to judges and prosecutors, and the latter, undermining the independence of the just undermining its quality and effectiveness, which will have negative effects on the fight against corruption "[1965/9909] adds the Venice Commission
to the attention of the Romanian authorities:
– Reevaluate the system of appointment and dismissal of senior prosecutors to ensure a condition maintaining the President of Romania and the CSM in this process in order to balance the influence of the Minister of Justice [19659003] – Elimination or Redefinition of the Conditions Under which Senior Prosecutors Reject as Unfounded Solutions
– Abolition of Restrictions on the Freedom of Expression of Prosecutors and Judges
– The Enforcement conditions of the magistrates' responsibility explicitly stating that in the absence of bad faith and deliberate negligence, the magistrates are not responsible who can be returned by another tribune al.
– Abandonment of the early retirement scheme for magistrates. We recall that the PSD proposal would lead to a massive depopulation of courts, with major effects especially to the High Court and appeal courts
– Reassessment of the creation of a special section for magistrates instructors. The use of specialized prosecutors, combined with effective preventive measures, is the desirable alternative
– Review of the Provisions for the Appointment and Removal of Members of the MSC
Tags:
the commission in Venice
the laws of justice
Revocation of metal
Source link
