JUSTICE POLITICS

Liberals send request to CCR demanding notification of Venice Commission on judicial laws: Judicial laws, an attack on the separation of powers

The Liberals (members of the National Liberal Party) sent on Tuesday a letter to the President of the Constitutional Court of Romania (CCR) Valer Dorneanu, requesting the notification of the Venice Commission regarding the judicial laws, according to a release.

“We believe that now, when pending notifications whose solving is vital for the full observance of the principle of the separation and balance of powers, in order to fully accomplish the role bestowed on the Honourable Court by the Constitution of Romania and the law, as well as to strengthen Romanian democracy, it’s necessary to get a point of view of the Venice Commission, a point of view that will represent an element of support of the Constitutional Court’s jurisdiction activity,” the letter reveals.

“The object of the letter concerns the modifications brought to the judicial laws, challenged by PNL at the Constitutional Court, on which the Court is yet to make a ruling. In this sense, PNL is asking the CCR to notify the Venice Commission before it makes a ruling on the notifications lodged with it, in line with the request recently expressed by [Venice] Commission Secretary General Thorbjorn Jagland,” PNL informs in a press release.

PNL points out that the High Court of Cassation and Justice also invoked unconstitutionality grounds which, in its opinion, should lead to the rejection of the modifications.

The Liberals point out that the procedure concerning the coming into force of laws gives the Romanian President the right to carry out his own analysis and to initiate a new challenge against them at the Constitutional Court if new grounds for unconstitutionality are identified.

In its letter to the CCR President, PNL points out that the legislative modifications brought to the judicial laws are “a direct attack on the principle of separation and balance of powers, carried out through a flagrant violation of the principle of loyal collaboration between state authorities and by disregarding the parliamentary procedures for passing laws.”

“In order to fully accomplish the role bestowed upon the Honourable Court by the Constitution of Romania and the law, as well as to strengthen Romanian democracy, it’s necessary to get a point of view of the Venice Commission, a point of view that will represent an element of support for the Constitutional Court’s jurisdiction activity,” the PNL MPs claim in the letter sent to the CCR President.

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