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October 20, 2020
JUSTICE

JusMin Toader on Directive on presumption of innocence: To avoid sanctions, the provisions must be transposed into national legislation until EC notifies ECJ

In order to avoid sanctions, the provisions of the Directive on the presumption of innocence should be transposed into the national legislation before the European Commission notifies the European Court of Justice (ECJ), Justice Minister Tudorel Toader said on Sunday.

“In July 2017, the Ministry of Justice finalized the bill on the transposition of the Directive on presumption of innocence, which he submitted to the Government. On August 18, 2017, the Government approved the bill, which was then submitted to the Senate on December 4, 2017, and adopted, then passed to the Chamber of Deputies, which decided to carry out the debate under an emergency procedure through a special committee: “In order to avoid sanctions, it is necessary that the provisions of the Directive are transposed into the national legislation before the European Commission notifies the European Court of Justice”, writes Toader on Facebook.

Former President Traian Basescu said on Friday that the European Commission has launched an infringement procedure against Romania for failing to comply with Directive 343/2016 on strengthening certain aspects related to the presumption of innocence, as the EU directives are also binding on Romanian justice.

“Throughout the years 2016 and 2017, we have all been on television showing and talking about Directive 343/2016 on the presumption of innocence and the right to be present during criminal proceedings.” A lot of propagandists argued that Basescu turned against Justice. The reality is that the Directive was supposed to be implemented into the Romanian legislation by April 2018. Today, the European Commission initiated the infringement procedure against Romania for not introducing the provisions of this Directive into the Criminal Procedure Code and the Criminal Code,” Basescu said in a Facebook post.

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