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July 3, 2022

CSM: Revaluation of new codes of law needed to accommodate Constitutional Court’s rulings

A revaluation of the new codes and all the related organisations is necessary to accommodate the rulings of the Constitutional Court, reads a report by a working group with the Supreme Council of Magistracy (CSM).

“Given the recent and multiple rulings of the Constitutional Court, some of which virtually change the philosophy of many organisations related to the codes, with a direct impact on the activity of courthouses and prosecutorial offices, the group is proposing the (re)valuation of the four new codes of law and all the related organisations from the perspective of the fundamental human rights and freedoms in order to improve their compliance with the Romanian Constitution in the light of the latest practice of the Constitutional Court. It is in the interest of the citizens for the implementation of the new codes to be predictable and their application a certainty,” reads the report, which analyses the impact of the new codes – the Civil Code, Code of Civil Procedure, Criminal Code and Code of Criminal Procedure.

The report argues that the revaluation of the codes should be entrusted to the National Institute of Magistracy, with the involvement of law professors of constitutional, civil, civil procedure, criminal and criminal procedure, the academic organisation as well as other prestigious experts in the field.

It says it is hard to see the reasons that have led to the new rulings on unconstitutionality of some of the provisions thereof or the need to change it, each month of the application of the new codes.

“Is this an inadequacy to the social realities in the new codes? Is this the Constitutional Court’s different attitude toward the editors of the codes and those that pass this legislation in understanding the dynamics and role of the procedural organisations (particular those dealing with crime)? There is one sure thing: all this has seriously impacted the activity of courthouses and prosecutorial offices, along with the expectations of justice seekers.”

The role of the working group that drew up the report was to analyse the impacts of the new codes of law on the activity of courthouses and prosecutorial offices and then to submit to CSM recommendations to increase efficiency and improve activity of courthouses and prosecutorial offices.

Five objectives were involved in the analysis that are linked to each other. They comprise a history prior to the coming into force of the new codes; a history after their coming into force; an analysis of statistics data and dynamics of the courthouses and prosecutorial offices against the transition from the old to the mew codes; infrastructure and providing conclusions/recommendations from the working group.

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