Emergency Ordinance on judicial laws adopted by Gov’t. Reactions

A Government meeting was convened on Monday morning to adopt the emergency ordinance amending and supplementing the judicial laws, ordinance that was not initially included on the announced schedule of the day. The text of the Government emergency ordinance (GEO) was criticised by some Social Democrats. Premier Viorica Dancila announced on Monday, referring to the GEO on judicial laws, that the solution was discussed during the Justice Minister’s meeting with the representatives of the Venice Commission as well as during the meeting with European Commission First Vice President Frans Timmermans.   PM Dancila: The solution, discussed with Venice Commission representatives and Timmermans “This solution has been discussed during the Justice Minister’s meeting with the representatives of the Venice Commission and during the meeting with European Commission First Vice President Frans Timmermans. As you know, the three judicial laws were modified by Parliament, and the modifications were validated by the Constitutional Court,” Viorica Dancila stated at the start of the Government meeting. The Premier pointed out that the emergency ordinance correlates certain provisions for better practice within the judicial domain. “What we are adopting today within the Government represents a harmonisation of the provisions of the laws, to ensure better practice for the act of justice. The judiciary must be a guarantee for the defence of the rights of Romanians, and abuses in carrying out the act of justice are not and will not be tolerated,” the Head of Government added. The ordinance, which was relayed to the Superior Council of the Magistracy (CSM) on Friday evening and which MEDIAFAX got hold of, stipulates, among other things, the postponement of the early retirement of magistrates. Thus, the provisions concerning early retirement are postponed until 31 December 2022. According to the document, this provision’s potential impact on the human resources of prosecutor’s offices and courts was also underscored by the Venice Commission, which recommended that the early retirement scheme be dropped. The GEO shows that a new section will be adopted under Article 54 of Law no.303/2004 on the statute of judges and prosecutors, which concerns appointments at the helm of the Prosecutor General’s Office, National Anticorruption Directorate (DNA) and the Directorate for Investigating Organised Crime and Terrorism (DIICOT). According to the Ordinance, the section thus introduced shows that chief prosecutors are selected based on an interview in which the candidates will present a project and, to ensure the transparency of the procedure, the hearing will be broadcast live on the Ministry’s website. On Sunday evening, the Prosecutor General’s Office criticised some of the GEO’s provisions, warning that they risk violating constitutional order. PSD’s Senate whip Serban Nicolae stated on Sunday, for MEDIAFAX, referring to the text of the GEO on judicial laws, that the formula of dismissing CSM members is “stupid,” the provision regarding the accountability of magistrates is “a mockery,” and as a result the Government should reject the ordinance. “It raises significant questions. I feel that Macovei and Pruna have cast a shadow over the thinking of this ordinance, aside from the fact that the ordinance is very much extended in contrast to what appeared to be the topic of discussion for a potential modification. For example, I’ve seen phrasing the likes of ‘it is prorogued until the end of Romania’s Presidency of the Council of the European Union,’ I’ve seen the absolutely stupid formula concerning the dismissal of CSM members, [process] in which judges and prosecutors vote for dismissal but then the CSM decides with a majority of votes,” PSD’s Senate whip Serban Nicolae stated on Sunday, when asked for his comments on the text of the emergency ordinance amending the judicial laws, a text that the Justice Ministry had relayed to the CSM. Justice Minister Tudorel Toader stated on October 3 that the members of the Venice Commission agreed with the GEO on the judicial laws. “We know that the Venice Commission is not open to the GEO, but it’s not open to ordinances whose role is to avoid the parliamentary procedure, the constitutional procedure. In this case, we are talking about the pre-emption of less wanted effects. (…) They agreed by common assent, they expressed their agreement with the adoption of a GEO in the sense of the things discussed,” Tudorel Toader stated for RomaniaTV. On Friday, President Klaus Iohannis signed the decree promulgating Law no.303/2004 on the statute of judges and prosecutors, the final law in the package of three judicial reform laws.   What are the provisions of the GEO on judicial laws. Toader on novelties introduced: Minister can notify the Judicial Inspection On Monday, Tudorel Toader presented the provisions of the Government emergency ordinance on the judicial laws, pointing out that there are changes in what concerns the secondment of prosecutors, that the hearing of candidates for the office of chief prosecutor will be broadcast live, archived and viewable by anyone, and that the minister can notify the Judicial Inspection. “The seniority is raised for those in the magistracy, for those who will obtain the office of Prosecutor General of the ICCJ, First Deputy, leadership offices at the helm of the DNA and DIICOT, which will be the minimum seniority of 15 years. So, from 8 years to 15 years,” Tudorel Toader stated. The minister said that the GEO also establishes the steps to take regarding the appointment in office of high-level prosecutors. Thus, the hearing of candidates for the office of chief prosecutor, broadcast live, archived and viewable by anyone, is introduced in the law. “At the level of the Justice Ministry, when those interviews are carried out to propose to the President the high-level candidacies, the Commission said we should show more transparency. We have taken over from the CSM the said interviews and presentations of managerial projects and they will be broadcast live, they will be archived and will be viewable by anyone interested,” Toader pointed out. There are also changes in what concerns the secondments of prosecutors. The Prosecutor General will no longer decide on secondments at prosecutor’s offices,...

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