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October 25, 2020

JusMin: CSM does something inconceivable by rejecting en bloc solutions to bring justice laws in line with Constitution. “US Ambassador is not jurist; does not know mechanisms of rule of law in Romania”

Justice Minister Tudorel Toader said on Thursday night  that by giving a negative opinion on the bill submitted by the Ministry of Justice, the Superior Council of Magistrates (CSM) did something inconceivable, it rejected en bloc the solutions aimed at bringing the laws of justice in line with the Constitution.

“The bill for the amendment of the laws of justice, like any draft law, has support and opposition as well, a proof being the CSM today. But I am not referring to someone’s wish or option, but I am referring to normality, on the one hand, and I am referring to the requirements of the Constitution, on the other hand. (…) By rejecting, of course, with an advisory opinion the draft law, practically the CSM has done what is inconceivable, it rejected en bloc those solutions in the bill that were aimed at bringing in line the laws of justice with the Constitution in the light of the decisions of the Constitutional Court. The Court’s decisions are mandatory and one cannot vote and reject en bloc those solutions, but surely they will be made right and will be adopted without any discussion,” Tudorel Toader told Antena 3.


“US Ambassador is not jurist; does not know mechanisms of rule of law in Romania”


Toader also told Antena 3  that US Ambassador to Romania Hans Klemm is not a lawyer and does not know the mechanisms of the rule of law in Romania.

“I had three meetings with the United States ambassador, but official meetings, not private ones, because the relations between us are not of private nature. All three were held at the Ministry of Justice, all three were at the request of the US ambassador. (…) I can tell you that the US ambassador is not a lawyer on the one hand and on the other hand he does not know the mechanisms of the rule of law in Romania, the architecture of the Romanian authorities, and then I think it is hard to integrate a proposal for change into a legislative context that you do not know,” Tudorel Toader said at Antena 3.

The minister added that the ambassador was very surprised when he learnt that the initiative to amend the laws of justice came from the Superior Council of Magistracy itself.


Ambassador Klemm: The U. S. has certain concerns against Justice Ministry’s proposals


The United States of America has certain concerns against the proposals of amending the Justice laws and deem that they could “reverse” Romania’s path as regards the rule of law, on Thursday said the U. S. Ambassador to Romania, Hans Klemm.

“The United States has certain concerns against the Justice Ministry’s proposals. I have expressed these concerns privately, with the minister or other members of the Gov’t, and I did it publicly, in an official declaration”, said Hans Klemm, attending the Global SOF Symposium Europe.

“I only wish to emphasise that that declaration I have conveyed on 29 August (on the amendments to the Justice laws, ed. n.), was not conveyed in my name, in the name of the U. S. Embassy in Bucharest, but was conveyed in the name of the United States of America. The U. S. Government takes seriously the proposals of the Justice Minister, it is deeply concerned”, he pointed out.

Klemm recalled Romania’s progresses in the rule of law, that have made our country become a regional standard, in his opinion.

“I believe, the United States of America believes that Romania ever since 2004 has made very important steps to having an independent judicial system and a strong anti-corruption Prosecutor’s Office. Things could also be done as regards the Education, but through the accomplishments that have commenced in 2004, Romania became a region’s model and an inspiration for the USA”, the diplomat asserted.

“We want Romania to stay on the direction it has consolidated in the last years. We are worried that the proposals of the Justice minister could reverse this path for Romania”, Hans Klemm added.


Read also:

UPDATE CSM issues negative report on Justice bills. JusMin: The report is consultative. The conclusion is older: some, to put it generically, don’t want the reformation of the system. Presidential spokesperson: Gov’t, Parliament cannot ignore CSM opinion on justice legislation


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