BREAKING President Klaus Iohannis promulgates the three justice laws. The head of state did not wait for the opinion of the Venice Commission, as requested by the European Commissioner for Justice

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President Klaus Iohannis promulgated on Tuesday the three justice laws voted by the PSD-PNL-UDMR coalition and ignored the demands of the opposition and some non-governmental organizations to wait for the opinion of the Venice Commission. EU Justice Commissioner Didier Reynders also asked the Romanian authorities on September 22 to wait for the opinion of the Venice Commission before adopting the justice laws.

The three laws enacted are the Law on the Statute of Judges and Prosecutors (PL-x 440/01.09.2022); the Law on Judicial Organisation (PL-x 441/01.09.2022) and the Law on the Superior Council of Magistracy (PL-x 442/01.09.2022).

On 9 November, the Constitutional Court rejected the petitions filed by the USR and Forța Dreptei on the three justice laws.

On November 11, Declic and Funky Citizens asked President Klaus Iohannis not to promulgate the Justice Laws before the Venice Commission’s expert opinion. Otherwise, they say, with a critical opinion and the laws enacted, Romania risks being left with the Monitoring and Verification Mechanism (CVM) and losing the chance to join Schengen.

Main provisions of the laws criticised by NGOs and the USR:

In its current form, the justice package violates the independence of the judiciary and does not respect either the previous opinions of the Venice Commission or the recommendations of the CVM. Although full of controversial provisions, some of them are proving harmful to the independence of the judiciary. Thus, in the form that reached the president’s desk, the justice laws:

– Allow for non-meritocratic filling of positions and domination of appointments of prosecutors and judges by a small group of decision-makers

– 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 prosecutor general, who can overrule any case of other prosecutors and trigger disciplinary investigations

The justice laws were promoted by Minister Cătălin Predoiu and fast-tracked through Parliament.

Translated article