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June 29, 2022

Law no.303/2004 on statute of magistrates adopted by Senate for third time and goes to President Iohannis for promulgation

The Senate adopted on Tuesday, for the third time, in a 79-22 vote, the amendments brought to law no.303/2004 on the statute of magistrates.

The Senate was the decisive body in what concerns this law, which is set to go to President Iohannis for promulgation.

On Tuesday, the special committee on amending the judicial laws redefined the judicial error, in a ten-minute meeting.

The terms “flagrantly” and “conspicuously” were replaced with “clearly,” and the term “grave” was introduced.

Thus, the new definition of judicial error is: “During the trial, the carrying out of steps in the proceedings was ordered in evident violation of the legal provisions of material and procedural law, which severely infringed upon the rights, freedoms, and legitimate interests of the person, causing harm that could not be remedied through ordinary or extraordinary appeal. A final court ruling was pronounced clearly contrary to the law or the situation indicated by the evidence administered in the case, and also when, through the clear and incontestable violation of the situation or the applicable juridical norms, the rights, freedoms and legitimate interests of the person were gravely affected, harm that could not be remedied through an ordinary or extraordinary appeal.”

USR announced it is discussing with PNL to challenge the law for the third time at the Constitutional Court.

“We still find them to be unclear texts. We are talking with our PNL colleagues to challenge it at the CCR. What dissatisfies us, even more than this, is the fact that our request for the settlement of this issue to be postponed until after the Venice Commission has had a say went unanswered. (…) Moreover, as known, almost one thousand judges have signed – so far, but I believe more of them will – a request for this committee to slow down its proceedings and to wait for the Venice Commission to have a say. We did not want to bring more arguments during the meeting and (…) we don’t want to ruin the surprise of Mr Iordache and of the promoters of these provisions, in the sense of revealing to them beforehand what the constitutional challenge considerations will be,” Stelian Ion said.

In reply, Committee Chairman Iordache (PSD) said that there are no reasons to challenge the law once again at the Constitutional Court.

“There are no longer any reasons to challenge it at the CCR. The Court has already had its say. The judicial laws should finally go to promulgation (…) because all these three laws are urgent, they must consider the decisions of the CCR, so that we would have unitary thinking, and we consider that this law seeks the accountability of magistrates, when they break procedural norms with bad faith or through grave negligence. A separation of cadres, of judges and prosecutors, is sought and resolved,” Iordache claimed.


Senators tacitly pass draft law decriminalizing certain corruption deeds


At the Tuesday’s plenary session, the Senate has adopted a draft law of the Social Democrats which amends a law proposing that corruption deeds following which undue benefits for other persons are obtained, will no longer be incriminated.

The legislative initiative tacitly adopted by the Senate as the first notified Chamber amends the Law no.78/2000 on preventing, discovering and sanctioning the corruption deeds.

The Chairman of the meeting, PSD Senator Adrian Tutuianu, read in the plenary session the tacit adoption note for this draft law, whose debate and voting term has fulfilled on May 14.

According to the draft law initiated by the PSD MP Catalin Radulescu and other Social Democrat members of Parliament, Art.12 is amended and complemented as follows: “(1) The following deeds are punished by imprisonment from 1 to 5 years, if they are committed in order for a person to obtain for itself money, goods or other material undue benefits: a) performing financial operations as a trade, incompatible with the position, attribution or assignment that a person has to fulfill, or dealing financial transactions by using the information obtained by the virtue of his or her position, attribution or assignment; b) using by any manner, directly or indirectly, information not intended to be publicly revealed, or allowing access to such information to unauthorized persons”.

The initiators also propose a different definition for the financial operations: “operations that involve capital movements, banking operations, foreign exchange or loans, placement operations in stock exchanges, in insurance, mutual investments or related to bank accounts and accounts assimilated to them, domestic and international commercial transactions. In order to be performed as a trade, the financial operations must consist of a speculative action or a mediation in the movement of goods, performed by an organized manner” the text of the draft law reads.

The draft law tacitly adopted by the Senate will be debated and voted by the Deputies’ Chamber as a decisional body.


Senate passes amendments to law on data privacy watchdog


The Senate on Tuesday passed a bill amending and supplementing Law 102/2005 on the establishment, organisation and operation of the National Personal Data Processing Supervision Authority (ANSPDCP), repealing Law 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

The bill passed 71 to 1 and 36 abstentions.

The Senate’s Legislative Committees issued an approval report for the bill.

The bill, initiated by the government, is an organic law and was adopted by the Chamber of Deputies as well.

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