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President Klaus Iohannis made a statement to the press at the Cotroceni Palace, announcing that he no longer has any legal recourse on the Law 304 on the judiciary, and that he has no legal recourse. it is compelled by the Constitution to promulgate it.
that this does not mean that the adoption of this law is over.
He explicitly asked the Parliament that upon the resumption of the parliamentary session reintroduce the laws of justice in the parliamentary circuit and correct them
In addition, Iohannis announced that was will refer to the Constitutional Court in the framework of Law 303/2004 on the status of magistrates
"Concerning the law 303/2004 on the status of judges and prosecutors, recently examined by Parliament, I will send back the CFR at the firm request to take into account the views of the Venice Commission the head of state said.
The laws of justice have become the most publicly debated subject since the PSD was in power and the quality of the legislation is very poor said President Klaus Iohannis. ] The Laws of Justice have become the most publicly debated issue since the PSD is in power, which says everything about the party's priorities. a delicate situation, and only because of the way in which the majority coalition knew how to legislate in a way that was not transparent …
Although there is had innumerable warning signals, including the SCM, which is responsible for the independence of the judiciary, legislated as they wanted and, as I l '. I said a few days ago, they have badly legislated. President Klaus Iohannis also said that no politician can and should not trade in his own country. "," said the head of state in a press release at Cotroceni Palace. it uses the renunciation of the principles on which democratic Romania was built after 1989.
" No political decision-maker has the mandate of Romanians to do it.The fact that someone or a party was elected to lead, means that he was elected to rule Romania for the Romanians, and to escape a political prisoner leader ", said Iohannis at Cotroceni Palace
. has drawn the attention of parliamentarians to the fact that their loyalty should be to Romanians who want to stay in the EU and that Romania is respected in the world. Press Statement of President Klaus Iohannis ]
The subject of this press release is, as you probably suspected, the laws of justice, which are has become the most publicly debated topic since the PSD is to the government, which says everything about the party's priorities.
They started with the famous OUG 13 and continued with the amendments of the laws to the Parliament. the cause of how the majority coalition was able to legislate in a way that was not transparent, so that despite all the criticism from experts, the system, prosecutors, judges, NGOs , of our partners, that we are not alone in the world. We have partners, in the Union, in the world. So, although there have been countless alarm signals, including SCM, which is responsible for the independence of the judiciary, they have legislated how they wanted and how I I expressed it a few days ago: he drinks badly! The quality of the legislation is bad and the result is very, very disturbing.
For a year and a half, with the exemplary involvement of Romanians who went to the streets and said aloud that it is not good. Thanks to the efforts of the opposition and thanks to my efforts, the President, we have so far managed to prevent the laws of justice from undergoing the worst changes.
The laws passed in parliament were subject to constitutional control. from the opposition, and up to now, the Constitutional Court has already noted four times inconsistencies between the laws of justice and the Constitution, sending laws to Parliament for a necessary rectification and an agreement with the Basic Law
the Venice Commission also gave my opinion on these laws. He issued a preliminary opinion, which shows unambiguously – so, unambiguously! – that the changes affect the independence of the judiciary, affect the confidence of citizens, affect the efficiency of justice and have a negative impact on the fight against corruption. a strong point of reference for constitutional standards and the consolidation of the rule of law, the Venice Commission has shown itself fully willing to support Romania in building a strong democracy
The Venice Commission's conclusions are extremely disturbing
I do not want to expose them all now. The documents exist, they are available to the general public, but I want to give an example of that. The Venice Commission says that all changes to the laws of justice affect the independence of prosecutors and judges. (19459015)
The independence of prosecutors and judges is the foundation of fair justice, and we can in no way abdicate this principle
It is therefore very clear that the laws of justice need to be urgently reviewed and improved in Parliament so that the negative impact on the system is kept to a minimum
Romania is full member of the European Union, but of this status, obviously, there is also a series of obligations, including in the operation of justice, the integrated functioning of justice in Romania in the European judicial area
It is impossible to build a justice system. justice that contravenes European standards. It is impossible to build a justice system that ignores European values. Or a failure to respect the Venice Commission's conclusions would mean that.
The correlation of the provisions of the three laws with the opinions of the Venice Commission will, on the other hand, help us to preserve the essential values of unalterable democracy
Regarding the measures that I have taken as chair, I recall that I have repeatedly asked Parliament to review these laws. I sent complaints to the Constitutional Court and, as I said earlier, I informed the Venice Commission. After the completion of all possible appeal proceedings, the President of Romania is the one who must promulgate the law.
At this time, concerning the amended law 304/2004, the law concerning the judicial organization, I am exhausted, unfortunately, all the constitutional means available to me, and therefore I am constitution to promulgate this law.
But that does not mean at all that the course of this law has been completed it is over.
By virtue of the fundamental powers conferred upon me by the Constitution, I expressly request the Romanian Parliament, as soon as the parliamentary session resumes, to hold the autumn session to reintroduce these laws into the parliamentary circuit and correct them, correct them if necessary
This step is absolutely necessary. It's impossible to avoid. It is impossible to go further with a law that has been challenged in many ways and has received a negative opinion, including from the Venice Commission. This law still raises many problems on the ground and contains imprecise, incoherent and unpredictable provisions
These deficiencies can affect the constitutional requirements and European and international standards in terms of independence and smooth operation of the system.
With regard to the second of these laws, the Law 303 of 2004 on the status of judges and prosecutors, which was recently reviewed by Parliament, will be submitted to the Constitutional Court with
By the way, I would like to attract the attention of parliamentarians, who are part of the current majority, that their loyalty be to the voters, the voters who, sent to parliament to do good laws for Romania and for Romanians.
The loyalty of the parliaments must be against the Rumanians who wish to remain in the European Union and who want that Romania remains a respectable country in the world and who wishes to be duly represented by the Parliament of Romania and our legislators
We must not become a negative example in Europe making laws for some political leaders to get rid of the records
No politician can and should not trade on its own behalf to abandon the principles that governed the formation of democratic Romania after the 1989 revolution
No political decision maker, no political decision-maker! (19459015)
The fact that someone or a party was elected to lead means that he was elected to rule Romania for the Romanians and not to escape a political prisoner ]
In Romania, the legislative norm can not be the criminal record of one leader or another! In Romania, the standard of the legislation must return to the respect of the norms of national, European and international law, and first of all it must return to the respect of the Constitution.
Thank you! "
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Seymour Hersh, Pulitzer Prize-winning journalist
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