Open letter to President Klaus Iohannis: Do not promulgate Justice Laws in a hurry, before the opinion of the Venice Commission

Associations Declic and Funky Citizens request President Klaus Iohannis not to promulgate Laws of Justice before the expert opinion of the Venice Commission, expected next week. Otherwise, with a critical opinion and the promulgated laws, Romania risks staying with the Monitoring and Verification Mechanism and losing the chance to enter Schengen.

Following civil society's discussions with representatives of the Venice Commission, it emerged that the experts' opinion on the 3 Laws of Justice will be published quickly, in November. 

the Constitutional Court drew the legislator's responsibility to bring the laws into line with the requests of the MCV and the Venice Commission. Precisely for this reason, it is essential that the President of Romania waits for the opinion of the experts, before deciding whether to promulgate the laws or return them to the Parliament.

The three laws – the law regarding judicial organization, the law regarding The status of judges and prosecutors and the law regarding Superior Council of Magistracy (CSM) – passed through the Parliament without serious debates, through an accelerated procedure. 

In its current form, the package of Justice laws violates the independence of magistrates and does not respect either the previous opinions of the Venice Commission or the recommendations of the MCV. Although full of controversial provisions, some of them prove to be harmful to the independence of the judiciary. Thus, in the form that reached the President's table, the laws of justice:

  • They allow the occupation of non-meritocratic positions and the dominance of the appointments of prosecutors and judges by a small group of decision-makers 
  • They lead to the politicization of the judiciary and the maintenance of political control over the appointment of the Attorney General
  • Gives increased powers to the politically appointed attorney general, who can deny any case of other prosecutors and initiate disciplinary investigation

Considering the arguments presented, we ask President Klaus Iohannis to take into account the commitments assumed, the responsibility towards citizens' requests to ensure the independence of the judiciary and wait for the opinion of independent experts. 

Declic Association
Cătălina Hopârteanu 
Campaigner Declic
0765407455 / 

Funky Citizens Association
Elena Calistru
Președinte Funky Citizens

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