Law that redefines Romanian magistrates’ status is partly unconstitutional

Romania’s Constitutional Court (CCR) ruled on Tuesday that the law that brings changes to the status of judges and prosecutors includes several unconstitutional provisions, including some related to the magistrates’ responsibility. The Court also decided that several notions included in this law, such as judicial error, bad faith, and gross negligence should be changed, according to CCR president Valer Dorneanu. He also said that the Court admited some objections related to the president’s prerogatives in naming chief prosecutors, so that it’s clearer what prerogatives the Superior Magistracy Council and president have in this process. The law that brings changes to the magistrates’ status in Romania is one of the three important justice laws the Parliament adopted at the end of last year, which caused protests in the country and concern among Romania’s foreign partners that they may affect justice independence. The three laws, which haven’t been promulgated by president Klaus Iohannis, have been challenged at the Constitutional Court by the National Liberal Party (PNL), the High Court of Cassation and Justice (ICCJ) and the Save Romania Union (USR). On January 23, the Constitutional Court also ruled that several provisions of the law that changes the judicial organization in Romania were unconstitutional. However, the decision to establish a special section to investigate prosecutors and judges was not among the provisions declared as unconstitutional, CCR president Valer Dorneanu said then. CCR still has to analyze the objections to the third justice law, namely the one related to the organization and functioning of the Superior Magistracy Council (CSM), an essential institution of the local judicial system. The Court postponed a decision on this law for February 13. EC leaders urge Romania to open up the debate on justice laws SocDem leader accuses EC representation in Romania of sending false information to Brussels editor@romania-insider.com