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February 29, 2020

JusMin Toader: Justice package amendment bill next for CSM approval, as competent guarantor of justice independence. PM Tudose says will consider magistrates, “square” opinion as regards Justice package amendments

Justice Minister Tudorel Toader announced that he will send on Wednesday the bill on the amendment of the Justice package to the Superior Council of Magistrates (CSM), but not to prosecutor’s offices, on ground that it’s not the prosecutors who make laws.

“I didn’t refer it to the Public Prosecution Office or its various departments, nor will I do so, because the CSM is the competent authority for approval, as it also has a prosecutors’ and a judges’ section, and CSM acts as the guarantor of justice independence and the authority competent for giving the seal of approval for the laws on justice. I’ll send the bill to the CSM, after they send it back I’ll refer it to the government, and this is where the decision-making process starts. The Ministry of Justice is the initiator of the bill. On August 23 we put up for debate all the problems or main issues, the directions for the potential changes to the Justice package. I need to make a remark. There’s a different tune now, as talk so far was about the lack of transparency, about the failure to consult. You know perfectly well that this is the third time that the legislative package is referred to CSM,” Tudorel Toader told a press conference at the headquarters of the Justice Ministry.

Responding to criticism by the heads of the prosecutor’s offices, Toader said that it’s not the prosecutors who make laws.

“In the law passage procedure, everyone has its constitutional role. The ministry initiates the bill, with the due public debate, the government approves and adopts it, possibly with certain amendments, after which the bill goes to Parliament. Along this route, each participant in the drafting of a law has to respect the boundaries of his constitutional competence. The prosecutors do not make laws, I did not know that we have a tricameral Parliament with Senate, Chamber of Deputies plus prosecutors to vote on laws. As far as I know, the prosecutors enforce the law. CSM, which has a prosecutors’ section, is the competent body for approving the content of the legislative proposal,” Toader added.

Tudorel Toader also said that unlike former Justice Minister Monica Macovei, who back in 2005 had a Justice package adopted by the government taking responsibility for it, he organized debates on this bill.

The JusMin added that he incorporated in the bill “highly feasible solutions” that emerged from the public debate in the Romanian society, because “the Minister of Justice is the Minister of Justice for the entire state of Romania.”


PM Tudose says will consider magistrates, “square” opinion as regards Justice package amendments


The project of amending the Justice laws has not been officially lodged to the Government, on Tuesday night said Prime Minister Mihai Tudose for the private Romania TV broadcaster, adding that when adopting this piece of legislation the opinion of the Superior Council of Magistracy (CSM) and the stance of the protesters in the Victoriei Square will be taken into account.

“Mr. Toader (Tudorel Toader, Minister of Justice, ed. n.) has synthesized in a draft, in a piece of draft what he understood from the talks with the others or took word with word a certain suggestions of some actors with the Judiciary. He brought them to the light, he stirred a debate. He will send that draft to the CSM, and we’ll see what he’ll get. Officially to the Government he didn’t come yet. When he will, I can assure you I will consider both the opinion of the CSM and the stance of the people in the square and when I say square, I mean the ones from the square in front of the Government, too, and the people in this “square” of the “judiciary world,” said Premier Tudose.

Referring to the criticism to the propositions presented by Minister Tudorel Toader on the amendment of the Justice laws, the head of the Executive said: “Criticism is a progress factor as long as arguments are brought.”

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