Nineteen associations and online communities ask President Klaus Iohannis to use the mediator attributions conferred on him by the Constitution and to use “all the means” so that “Romania will not become a blocked, failed project in terms of the rule of law, captured by criminal networks”. The signatories of the message ask the head of state to request an opinion to the Venice Commission on the matter of the amendments to the Laws on Justice.
“According to the Constitution, you are the only mediator called t act when there is a crisis in the functioning of the public authorities. Moreover, Art.80 para.2 of the Constitution tells us that you are called to exercise the mediator function not only when there is a blockage or an imbalance between the powers of the state, but also between the state and society. You served as a mediator a year ago, when the Government was prepared to legislate in criminal matters. At that time, you understood the message of the street, claiming that the political power was trying to undermine the anticorruption fight. Cumulatively, your message and the street message had enough force to stop the abuse at that time” reads the message which is signed, among others, by “Va vedem din Sibiu” (“We see you from Sibiu” – e.n.), the association that organized the largest sit-in protest in front of PSD Sibiu.
Its signatories state that the street is currently claiming again the same abuse on Justice, but on a larger scale.
“While then it was about amending a single article of a law, now it is about endangering the prosecutors’ independence and subordinating the judicial power to the political one. It is a situation of an unprecedented seriousness, noticed by numerous independent institutions of the state, European institutions, professional organizations in the judiciary and EU and NATO partners. Along with the citizens and the organizations protesting in the street, they asked for the amendments to the Laws on Justice to be halted” also reads the text posted on Facebook.
The signatories also appreciate that “there is a conflict both between the state authorities and between the state and society”.
“We ask you to use all the instruments provided to you by the Constitution, in your capacity of a mediator that can defuse the conflict, so that Romania will not become a blocked, failed project in terms of the rule of law, captured by criminal networks”, the signatories of the document also wrote.
They ask the head of state to request to the Venice Committee “a point of view to clarify the compatibility between the fundamental standards of the rule of law and the amendments brought to the three Laws on justice adopted by the Romanian Parliament in December 2017”.
The representatives of the community remind the last report within the Cooperation and Verification Mechanism, in which European Commission ask the Romanian authorities to request an opinion to the Venice Commission, related to the amendments to the Laws on Justice.
“Allowing these laws to enter into force is equivalent to allowing the exit from the European law, and implicitly, from the most important international treaty assumed by Romania, namely the treaty of EU accession. Mister President, we believe, as you also do, in Romania’s European destiny. We are convinced that these malignant laws take us out of the legal and historical frameworks of this destiny. Your mediator function was never more vital than now (in the strongest meaning of the word). We believe that, by using the constitutional instruments you have, you can decisively contribute to ending the conflict and to safeguarding Romania’s European destiny” reads the end of the message.