The three bills amending the existing judiciary legislation in Romania, which were adopted by the Parliament at the end of last year, would “likely undermine” the independence of Romanian judges and prosecutors – and public confidence in the judiciary, according to a preliminary opinion of the Venice Commission.Their preliminary opinion takes note of the current “tense political climate, strongly impacted by the results of the country’s efforts to fight corruption”. Given the current urgency, the preliminary opinion only deals with particularly controversial aspects of the drafts.

“Although welcome improvements have been brought to the drafts following criticism and some decisions of the Constitutional Court, these instruments could result in inordinate pressure on judges and prosecutors, undermining the independence of the judiciary and of its members,” reads the Venice Commission’s opinion.

Source: News.ro

PG Lazar warns about danger generated by systematic attacks of public persons against Public Ministry

Prosecutor General Augustin Lazar warned, on Friday, about the dangers that the systematic attacks of public persons against the Public Ministry, attacks that he considers to be of a nature to affect the principle of the powers’ separation in state.“Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice Augustin Lazar warns about the danger that the systematic attacks of public persons against the Public Ministry, attacks which have the nature to affect the principle of the separation of powers in the state, whose observance is essential in a democratic society,” a press release of the General Prosecutor’s Office informs.

According to the quoted source, Augustin Lazar highlights that the delegation of prosecutors is conducted by the Prosecutor General, on the grounds of article 57, paragraph 7, of Law no. 303/2002 concerning the statute of prosecutors and judges. “In the interest of the service, prosecutors can be delegated, with their own written agreement, in leadership positions included, by the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice, to the prosecutors’ offices within the Public Ministry, for a 6-month period, at most.”

Source: nine o`clock

European body says Romania court changes undermine independence

Romania’s plans for a judicial overhaul would be likely to undermine the independence of magistrates and sap public confidence in the judiciary, the Council of Europe’s advisory body on constitutional matters said on Friday.The advice from the body, known as the Venice Commission, could provide ammunition for centrist President Klaus Iohannis, who is trying to block legal changes that opponents say would make it easier for officials to engage in corruption.

Iohannis has challenged the overhaul backed by the ruling Social Democrats at the Constitutional Court. He asked the Venice Commission to assess the bills, which parliament has approved but which he must sign for them to become law.The Commission said in a statement that the measures contained improvements from previous drafts but were still problematic. From their “cumulative effect”, some “instruments could result in inordinate pressure on judges and prosecutors.”

Source: Reuters