Latest report drawn by the European Commission on Romania’s progress with judicial reforms under the Co-operation and Verification Mechanism stirs wave of reactions in Bucharest. While PSD is considering challenging CVM report with CJEU, USR and MRI require early elections after the CVM report

PSD considering challenging CVM report with CJEU (sources)   The Social Democratic Partyy (PSD) is contemplating challenging with the Court of Justice of the European Union (CJEU), through the government agent, the latest report drawn by the European Commission on Romania’s progress with judicial reforms under the Co-operation and Verification Mechanism (CVM). According to sources with PSD quoted by Agerpres, a final decision is yet to be taken, but this option is being under consideration for the time being. On Tuesday, the European Commission recommended Romania, under the Co-operation and Verification Mechanism, to immediately suspend the implementation of the justice laws and subsequent emergency ordinances and revise them considering in full both the recommendations of the Venice Commissions and the ones of the Group of States Against Corruption of the Council of Europe (GRECO). “Developments in the past 12 months in Romania are throwing a shadow or pushing back some of the progresses made in the past ten years, for which reason the European Commission came with eight new recommendations under the CVM report for Romania,” the First Vice-President of the community Executive, Frans Timmermans, stated in Strasbourg.   JusMin Tudorel Toader: CVM report has political touch and double standards   JusMin Toader: CVM Report uses double standard and has political undertone The Cooperation and Verification Mechanism (CVM) Report released by the European Commission has a political undertone and uses double standards, Justice Minister Tudorel Toader stated on Wednesday. He reaffirmed that Romania is and remains attached to the European values, that Romania respects the European standards but at the same time must have the dignity to legislate in agreement with the fundamental Law in agreement with the national specificities and with the Romanians’ interest. “This time, I tend to believe the report has a political undertone, it has many interests, the report uses double standards and relates to movable, moving targets. I bring to mind one thing: there were four recommendations, subsequently four turned into 12 recommendations, now eight have been added. We will now have 20 recommendations. Why are they mobile, why the double standard? Because, for example, in 2012 there was a legislative measure to amend the laws of Justice regarding the competencies related to the disciplinary action. It was good, the measure was appreciated, it related to judges, to prosecutors, the Minister of Justice had a broader competence than to notify and it was good. Today, after six years, the Minister has only the competence to initiate the action of notifying the Judicial Inspection, he/she does not take measures, he/she only relates to prosecutors and that’s not good anymore. The same cannot be good in 2012 and not good in 2018. I’ll give you another example: not long ago a high-level prosecutor was appointed with a negative opinion from the Prosecutors’ Section. And it was good. No one rebelled, no one worried, Justice was not broken, the prosecutors’ independence was respected. Today, we are asked no more no less than the opinion of the Prosecutors’ Section with the CSM [Superior Council of Magistrates, ed.n.] become a mandatory one, that is to say, not to get past a negative opinion, which again, in a short space of time, we can see different approaches,” Tudorel Toader detailed. “Let no one say that a recommendation, no matter whose it is, goes over a decision of the Constitutional Court. (…) What is mandatory is the fact that the European standards are binding. The irreversible lawmaking process is mandatory. (…) You do not have to be a big lawyer, nor do you have to be a legal expert to understand that a commission of three or five experts is coming from Brussels to evaluate and make that report and make some recommendations. Do not imagine that three or five specialists come to Romania, make some recommendations and their recommendation becomes stronger than the national law, their recommendation becomes like a norm in an international treaty / convention. You do not have to be a jurist to know that those experts, as experts as they are, do not become legislators when they come to Romania to evaluate us, to make recommendations. Their recommendations are the basis of the final report,” Toader explained.   Tariceanu: CVM report is not a legal act, so it cannot be challenged in court   The European Commission’s report on Romania’s progress with judiciary reforms and the fight against corruption under the Co-operation and Verification Mechanism, or CVM report, is not a legal act, so it cannot be challenged in court, Calin Popescu-Tariceanu, chairman of the Senate, said on Wednesday, adding that he had not discussed such option with national leader of the Social Democratic Party (PSD), major at rule, Liviu Dragnea, about such a possibility. “The CVM report is not a legal act, it has some recommendations. So, to be clear, it cannot be challenged in court. I will certainly tell them so, but I think whoever spoke may not have been careful enough (…) The report could be subject to an analysis and then contested. But such a decision has not been taken (…) Not to be confused. We have not discussed such option yet (…) I met last night Mr Dragnea, but we did not discuss this matter,” Tariceanu said at the Senate, asked to comment on PSD contemplating challenging the CVM report with the European Court of Justice. In his opinion, the recommendations made by the European Commission need to be analysed. “And I think there should be a more in-depth discussion with the commission, with the CVM officials. I have seen a series of inaccuracies, and I think that given the different approach between us and the commission officials – when I say us I mean Parliament – and I am wondering: How is the sovereignty of Parliament respected when some commission officials who have no legitimacy come in? Can they, through their demands impinge on the willing of Parliament and sovereignty? Secondly, it is likely that in this dispute it would be...

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