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December 1, 2021
POLITICS

President Iohannis critical of PSD-ALDE coalition over judicial laws: Despite numerous signals, they legislate poorly. Head of State promulgates amendments to Law 304 on structure of the judiciary

The Head of State announced on Thursday that, since he exhausted all means of challenge, he was forced to promulgate the amendments to Law 304/2004 on the structure of the judiciary. The Head of State pointed out that he will notify the Constitutional Court about the amendments to Law 303/2004 on the statute of prosecutors and judges.

“Regarding the second of these laws, law 303/2004 on the statute of judges and prosecutors, I will notify the Constitutional Court, with the firm request to observe the opinions of the Venice Commission. I want to warn the current majority’s parliamentarians that their loyalty must be toward the voters who sent them in Parliament, that they should make good laws for Romania and for Romanians. The loyalty of parliamentarians must be toward the Romanians who want Romania to remain in the EU and to remain a country represented in the world, and who want to be represented in a dignified manner. We shouldn’t draft laws because some political leaders want to get rid of dossiers,” Klaus Iohannis stated at the Cotroceni Palace.

The Head of State pointed out that the legislative standard in our country cannot be set by the criminal dossier of one leader or another.

“No political decisionmaker has a mandate from Romanians to do such a thing. The fact that someone or a party was elected to lead means they were elected to lead for Romania, for Romanians, and not to save a political leader from prison. In Romania, the legislative standard cannot be the criminal dossier of one leader or another. In Romania, the standard must become once more respect for the European and national legal norms and, primarily, we must revert to respect for the Constitution,” Klaus Iohannis added.

 

Iohannis informs he has promulgated the amendments to Law 304/2004 on structure of the judiciary

 

President Iohannis announced on Thursday that, since he exhausted all means of challenge, he was forced to promulgate the bill amending Law 304/2004 on the structure of the judiciary.

“I have repeatedly asked that Parliament re-examine these laws. I have sent notifications to the CCR and I have notified the Venice Commission. After completion of all challenge procedures, the President is the one who must promulgate the law. At this moment, in what concerns law 304/2004, unfortunately I have exhausted all constitutional means and, consequently, I am forced to promulgate this law,” President Klaus Iohannis stated on Thursday during a press statement at the Cotroceni Palace.

The Head of State criticised the PSD for the way they amended the judicial laws, for the issuance of the famous GEO no.13 on abuse of office during the Grindeanu Government. Klaus Iohannis added that the PSD is “legislating poorly” and in a non-transparent manner.

“The topic of this press statement consists of the judicial laws, which have become the most debated public topic since PSD came to power, which says everything about this party’s priorities. They started with the famous GEO 13 and continued by amending the laws in Parliament. We are in a delicate situation and that’s solely because of the way the ruling coalition saw fit to legislate in a non-transparent manner, in a manner in which, despite all criticism from experts, NGOs, partners in the Union, in the world. Even though a lot of signals were issued, including from the CSM, they legislated as they pleased and, as I said before, they are legislating poorly. The quality of the legislative process is very poor, and the result is very worrisome,” Iohannis added.

 

“I expressly ask Parliament to revise the judicial laws during the autumn session”

 

President Klaus Iohannis “expressly” asked Parliament to revise all three judicial laws when the autumn session starts, to reduce to a minimum their impact on the judicial system.

“By virtue of the fundamental prerogatives conferred upon me by the Constitution, I expressly ask the Romanian Parliament to reintroduce these laws in the parliamentary circuit and correct them as soon as the parliamentary session resumes, the autumn session, to correct them as requested by those in the know. This step is absolutely necessary. It s impossible to avoid. It is impossible to move forward with a law that has been challenged in multiple ways and that has received a negative review from the Venice Commission too. This law still raises many problems of substance and contains unclear stipulations lacking coherence, lacking predictability. These deficiencies can affect constitutional exigencies and European and international standards in terms of the independence and the proper functioning of the judicial system,” President Klaus Iohannis stated during a press conference at the Cotroceni Palace.

The Head of State pointed out that Romania is a full-fledged EU member state and it would be unacceptable for our country to have a judicial system that ignores European values.

“Romania is a full-fledged member of the European Union, but this status, obviously, also brings with it a series of obligations, including the one that concerns the functioning of the judiciary, the integrated functioning of the Romanian judiciary in the European justice space. It is impossible to build a judicial system that contravenes European norms. It is impossible to build a judicial system that ignores European values. Disregarding the conclusions of the Venice Commission would mean precisely that. It would be equivalent, de facto, to moving Romania away from the main European values. In exchange, correlating the provisions of the three laws with the opinions of the Venice Commission will help us keep unaltered the essential values of democracy – the independence of the judiciary, loyal cooperation between state powers, and the rule of law,” Iohannis added.

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