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March 7, 2021
POLITICS

Barna: USR has challenged the three Laws on Justice to the Constitutional Court

The leader of Save Romania Union (USR), Dan Barna, announced on Monday that his party has filed a complaint to the Constitutional Court of Romania (CCR) against the three Laws on Justice amended by the Parliament, and he says that USR’s legal advisors also founded other grounds of unconstitutionality, in addition to the ones that have already been found by PNL.

“A few minutes ago, USR has filed a complaint to the Constitutional Court on the three Laws on Justice. We are eager to see the analysis of these complaints and the decision of the Court. USR promised that it will use all the legal instruments and all the means available to try to delay, and in the end, we hope to block this abuse against the rule of law” Dan Barna stated.

He said that USR also found other ground of unconstitutionality on the Laws on Justice, in addition to the ones found by PNL, one of the arguments being that “the draft laws are breaching the obligations resulting from Romania’s accession to the EU founding treaties”.

“USR’s legal advisors founded new grounds of unconstitutionality in addition to the ones that have been already filed to CCR by ICCJ and PNL on the Laws on Justice. For instance, ICCJ didn’t invoke in its notification extrinsic, procedural grounds, but it limited itself to challenging individual articles, while USR pointed out in its notification that the three draft laws amending the Laws on Justice have been adopted by breaching the principle of bicameralism and the principle of the compliance with the law, as well as by breaching the order of notifying the Parliament’s Chambers. USR’s legal advisors also mentioned in their notification that the draft laws are breaching the obligations resulted from Romania’s accession to the EU founding treaties. As for the intrinsic grounds of unconstitutionality, USR challenged, in addition to the ICCJ’s notification, the strict separation of the careers of judges and prosecutors and the diminution of the CSM plenum’s attributions in favor of the separate departments” Dan Barna stated.

The USR Chairman also said that the notification have been finalized by USR last year, but they couldn’t be submitted due to the insufficient number of signatures.

“USR’s notifications have been finalized since the end of the last year, but they couldn’t be submitted because they didn’t have the required number of signatures (50 deputies or 25 senators). However, the 2-day deadline for challenging a law adopted in emergency procedure to CCR is not a restrictive one, which means that there are no sanctions if it is exceeded, therefore USR’s notification is valid. By several decisions, Constitutional Court has established that the unconstitutional challenges against a law can be submitted anytime between the adoption date in the Parliament and the date when they are promulgated by the Romanian President” he concluded.

At the end of 2017, Parliament has adopted the amendments on three Laws on Justice – the Law no.303/2004 on the statute of the judges and prosecutors, the Law no.304/2004 on the judicial organization, and the Law no.317/2004 on the functioning of the Superior Council of Magistracy (CSM).

 

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