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November 18, 2019
JUSTICE POLITICS

Reactions to PNL’s initiative to notify Venice Commission about judicial laws amendments

PACE Monitoring Cttee approves PNL request to notify Venice Commission

 

The Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) approved, on Thursday, PNL’s request to notify the Venice Commission about the amending of the judicial laws. The Liberals claims that the circuit of the laws will have to wait, and the Constitutional Court will also have to take into account the Commission’s opinion. “PNL victory! The amending of the Judicial Laws ends up at the Venice Commission! The Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) has approved PNL’s request to notify the Venice Commission and to ask it to express a point of view on the PSD and ALDE’s proposed amendments to the judicial laws. After PSD and ALDE’s systematic refusal to ask for the international experts’ opinion on the proposed amendments to the judicial laws, PNL has managed to obtain this through its members of PACE,” PNL informs.

The Liberals state that Constitutional Court judges will have to consider the opinion of the Venice Commission.

“PNL used in this overture an extraordinary way to notify the Venice Commission, through the PACE Monitoring Committee. In these conditions, the CCR will have to take into account the Venice Commission’s opinion in what concerns the amendments brought to the Judicial Laws, just as it did in other cases too. The circuit of the judicial laws will now have to wait for the Venice Commission’s point of view,” the Liberals add.

On March 30, House lawmaker Cezar Preda (PNL) asked PACE President Michele Nicoletti to decide, on April 23, the first day of the PACE session, to notify the Venice Commission about the amendments brought to the three judicial laws.

Likewise, PNL Senator Alina Gorghiu lodged a similar request with PACE Judiciary Committee Chairman Frank Schwabe, asking the committee to ask the Venice Commission for its opinion on the amendments brought to the Romanian judicial laws.

The laws were adopted by Parliament for the second time on Monday, after the PNL had challenged them and the CCR had decided that some articles are unconstitutional.

In early March, the PNL announced it sent a letter to the leadership of the Lower House, asking it to notify the Venice Commission about the amendments to the judicial laws and to suspend the debates of the special committee on the amending of the laws until the Venice Commission issued its point of view.

“The PNL parliamentary group hereby asks you to ask the Commission for Democracy through Law (Venice Commission) for a point of view on the proposed amendments to law no.303/2004, law no.304/2004 and law no.317/2004,” reads the Liberals’ letter.

PNL was asking that a Venice Commission point of view on the amending of the judicial laws be requested, stating that the recommendation was also included in the latest European Commission Report on the Cooperation and Verification Mechanism (CVM).

“In support of our request, we mention the recommendation included in the latest European Commission Report on the Mechanism for Cooperation and Verification, as well as the public positions recently expressed by European Commission officials in this sense. Likewise, professional associations of magistrates have expressed themselves in favour of asking for the Venice Commission’s point of view,” the letter showed.

 

Iordache on notifying Venice Commission about amending of judicial laws: Venice Commission can’t be above CCR decision. It can only note that the amendments are constitutional, legal, normal

 

Florin Iordache, chairman of the special committee that modified the judicial laws, stated on Thursday for News.ro that the Venice Commission has nothing to note about the judicial laws, because the Commission does not supersede the Constitutional Court, and he called PNL’s overture – asking the PACE Monitoring Committee to approve the notification of the Commission – a petty political overture “exported abroad.”

“What is the Venice Commission supposed to note? The Venice Commission can’t supersede Constitutional Court decisions. The Venice Commission will only note that these modifications, on which the CCR ruled twice, are constitutional. It’s a petty political overture that the PNL has exported abroad, seeing that they have no chance in Romania,” Florin Iordache stated for News.ro.

Likewise, he said that the Venice Commission does not supersede Parliament and the Romanian legislation, and it will only note that the amendments are “constitutional, legal and normal.”

“Can the Commission supersede Parliament and the legislation? I repeat, the Venice Commission can only note that those modifications are constitutional, legal, normal. It can’t note anything else. Since the CCR also decided, three times, that the modifications are in line with the Venice Commission’s decisions, the Commission cannot come to overwrite the CCR,” he added.

 

President Iohannis: Good thing Liberals have secured vote to notify Venice Commission

 

President Klaus Iohannis said on Thursday that it is a good thing that the National Liberal Party (PNL) secured the notification by the Venice Commission regarding Romania’s justice legislation.

“It seems to me that it is a very good thing that the Liberals have got a vote to notify the [Venice] Commission. It is absolutely normal, and when the first two laws come to me, because the third one has returned to Parliament, I will make a statement on this issue and I will then tell you quite a bit about what I am going to do with those laws,” Iohannis said after visiting Aerostar SA – Industrial Aeronautic Bacau company in the eastern county of Bacau.

 

USR Chairman Barna congratulates PNL for notifying Venice Commission

 

Save Romania Union (USR) Chairman deputy Dan Barna affirms he congratulates those from the National Liberal Party (PNL) for notifying the Venice Commission, through the Parliamentary Assembly of the Council of Europe (PACE), concerning the amendments of the justice laws initiated by the Social Democratic Party, PSD – Alliance of Liberals and Democrats, ALDE majority.

“We are finally calling a friend: the Venice Commission. I congratulate those from PNL for informing the Venice Commission, through the Parliamentary Assembly of the Council of Europe! It is an important and necessary victory in the fight for saving the Justice system from the hands of the criminals’ coalition. Solidarity against the PSD-ALDE-UDMR [Union of Democratic Hungarians in Romania, ed.n.]’s attack, that of sabotaging the justice system and transforming the country in a “criminal haven” (yesterday they voted for the execution of sentences at weekends) it is the only chance to defend the society,” the USR leader posted on Facebook.

Dan Barna adds that this is “a fight that USR will continue, in Parliament, in the street, at the Constitutional Court, in the country and in Europe, because the Justice’s independence is fundamental if we still want to live in a European country.”

 

 

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