Friday, 8 February 2008

Constitutional Court hinders Romanian Govt's reform bills on justice reform

(Initially published in http://www.romania-report.ro/ - Jul 6, 2005)


The Romanian Constitutional Court ruled that that some points included in the bills package the Govt won a Parliamentary confidence vote were unconstitutional.

Such a decision provides Tariceanu's Cabinet with some unpleasant prospects. As a matter of home internal affairs, such a decision should call for his resignation. As a matter foreign affairs, the outcome of the Constitutional Court rule will be unfavorable to the country's EU accession bid – while one should remember that important EU representatives praised the reforms brought about by the recent bills.

Two days ago President Traian Basescu himself claimed that rejection of the bills on property restitution and reform of the judiciary system would certainly mean Romania's failure to seek access to European Union in January 1st, 2007.

Yesterday the Constitutional Court (whose most of the members were appointed by the previous Social-Democrat administration) admitted part of the objections raised by PSD (the Social-Democrat Party) and PRM ("Great Romania" Party). Therefore, the Court judges eventually sent back the bills to the Parliament.

The Minister of Justice, Monica Macovei, pleaded for the laws' constitutionality and stated that the law texts broke neither the non-retroactivity principle nor the principle of magistrates' independence by setting a different age for retirement.

The Majority leaders in the Parliament said that, according to the new bill, many 'diehard' magistrates (who actually are Communist-era survivors) would have lost their privileges and top positions in the Romanian judiciary.


Romania Report

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