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September 28, 2021

JusMin Toader on US Embassy’s reaction to Justice package revision: Concerns should be motivated too

Commenting on Thursday evening on the reaction of the US Embassy to the recent proposals to amend the Justice package, Justice Minister Tudorel Toader said on that normally, an expressed concern should also be motivated.

“The normal way, expressing a concern should be motivated, but in the presentation of this concern I haven’t seen the grounds, the reason for this state of concern. I don’t think (…) that the concern arises from the fact that the term in office for management positions will change from 3 to 4 years. … This does not imply the extension of the current terms in office, because there’s a general constitutional principle stating that a law that amends another law does not modify the current terms in office. (…) Nor do I think the concern may be related to the fact that a magistrate who retires today obtained during his professional activity accommodation in an apartment in downtown Bucharest for a rent of 50 lei or a maximum of 94 lei. … There’s a time for everyone, the residential benefit is passed down to the surviving spouse and after that to the children. I hardly believe this can be a reason of concern,” Toader told Romania TV private television channel.

The JusMin termed as “tough” the phrase “concern” used by the US Embassy representatives in the public message released on this subject.

The US Embassy expressed concern about the Justice Minister’s proposals of 23 August to revise the judiciary and urged all executive, legislative, and judicial stakeholders in Romania to cooperate in order to continue the country’s fight against corruption.

“The United States takes note of the Justice Ministry’s August 23 proposals with concern for the independence of the justice sector. We urge all executive, legislative, and judicial stakeholders in Romania to work together to maintain the country’s fight against corruption and to ensure the credibility of its institutions,” the US Embassy said in release on Tuesday.

According to the cited source, the United States-Romania Strategic Partnership is rooted in a commitment to democratic values, good governance and strengthening the rule of law, as these are the foundation for increasing our shared security and prosperity.


Toader believes Judicial Inspection’s Report attempted to be obstructed in case of auditing Anticorruption Directorate


The Minister of Justice Tudorel Toader believes that attempts are carried to block the report of the Judicial Inspection (IJ) as regards the audit it completed at the National Anticorruption Directorate (DNA) given that an assessment at the IJ’s level is “prepared”.

“I’ve asked the Judicial Inspection to carry out an ample audit at the Public Ministry, on the one hand, and at the DNA, on the other hand, but I say it again, an ample audit regarding the management. (…) and I decided these checks starting from the finding that such an audit has never been done for 10 years. (…) We wait for the assessment report from the DNA, the Judicial Inspection has prolonged the check’s duration and I myself saw that it is preparing, it is planned an assessment of the Judicial Inspection having as a consequence the change of those who…”, Toader told the private TV broadcaster Romania TV, on Thursday night.

When quizzed if he believes that an obstruction of the report on DNA is attempted, the minister’s answer was affirmative.

“I believe so, because since one decides to revoke them, they do not come to answer to the Superior Council of Magistracy (CSM) with the conclusions of the audit report the CSM has to approve. Naturally, the Inspection would have got another head, a person who would have to start from the beginning and so we were to prolong things sine die. I have proposed in the draft law package that the Judicial Inspection goes to the Ministry of Justice. (…) I did that starting from this incompatibility, in my opinion, between the IJ structure coordinated, headed by CSM and the competence of the IJ to check upon the justices and the CSM,” Tudorel Toader explained.

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