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September 18, 2021
JUSTICE

Tudorel Toader: It’s unlikely for Judicial Inspection to remain at CSM. Next week we’ll probably finalise bill amending Justice laws

Justice Minister Tudorel Toader stated on Sunday, in Iasi, that the bill amending the Justice laws will be finalised this week and that it is unlikely for the Judicial Inspection (JI) to remain at the Supreme Magistracy Council (CSM). In what concerns the memo through which magistrates are asking for the bill to be shelved, Toader said that “it only serves to endorse the CSM’s negative report.”

Present in Iasi on Sunday, Tudorel Toader stated that the rapports between the Judicial Inspection and the CSM or other institutions exhibit a dysfunctionality.

According to the minister, the chances for the Judicial Inspection to remain at the Supreme Magistracy Council are low.

“On August 23, I said there are three options, didn’t I? The option of remaining at the CSM, consolidating the independence, the authority of the Judicial Inspection; an option to bring it at the Justice Ministry and a third option for it to gain the statute of independent autonomous authority based on its own organisational, functioning law. The Judicial Inspection remaining at the CSM is the least likely, given that apart from the statements made on August 23 we all saw what has happened lately in the rapports between the Judicial Inspection and the CSM, the Judicial Inspection and the entities it oversees, meaning it’s not only a principled dysfunctionality, it’s a concrete one concerning the way some position themselves toward the others,” Justice Minister Tudorel Toader said.

Present in Iasi where he took part in the launch of a book on malpraxis edited by his wife, Justice Minister Tudorel Toader also talked about the fact that the bill amending the Justice laws will be finalised this week.

In what concerns the memo signed by judges and magistrates, Toader said it only serves to endorse the CSM’s negative report.

Asked about the magistrates’ memo, Tudorel Toader said: “The memo only serves to endorse the CSM’s negative report, because the CSM represents the judges and prosecutors, but the report is non-binding.”

The Justice Minister said he has the obligation to finalise the bill and that the bill could be finalised most likely this week.

 

I talked with Germany’s Ambassador about Justice Laws, but most about MCV

 

Justice Minister Tudorel Toader stated on Sunday in Iasi that during his meeting with Germany’s Ambassador he talked about the Justice Laws, but the most tackled topic was the Co-operation and Verification Mechanism (CVM).

“Germany’s Ambassador came to the Justice Ministry, and the media, the public believed that I have talked about the Venice Commission after the visit of Germany’s Ambassador. Absolutely wrong. Because the first CVM recommendation speaks about a robust procedure of appointing high-rank prosecutors by consulting with the Venice Commission. Each time I said I will observe the CVM recommendations that we must fulfill in the Strategic Management Council that I lead. (…) In the dialogues that we carried out with the CVM commission I mentioned this. The question is why it has not been released by now. Well, one does not go to the Venice Commission with a question to request the approval unless having the final form of the draft law,” the Justice Minister said.

He stated that the visit of Germany’s Ambassador Cord Meier-Klodt had no effect over his or the Justice Ministry’s options.

“Certainly, I talked with Germany’s Ambassador about the Justice Laws also, but most about the CVM. I told him the following thing: we have the 12 recommendations, some of them aimed at law amendments. And then, if CVM is lifted tomorrow I give up any amendment of the legislation in the situation in which he estimates that the current regulations are perfect. They are definitely not perfect because we all see what is happening. They are definitely not perfect because the 12 recommendations, I repeat, many are aimed at amending the legislation,” Minister Tudorel Toader concluded.

 

 

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