The Venice Commission on the Laws of Justice

The Venice Commission published an emergency opinion on Friday evening regarding the three justice laws, adopted a month ago in Parliament and promulgated this week by the president.

The Commission expresses its regret because the Romanian authorities did not consult it in time regarding the texts, since the draft phase, and the specialists in constitutional issues of the Council of Europe did not have the opportunity to analyze all the provisions of the three documents, which are extensive and detailed.

Noting that the emergency opinion published on Friday does not fully cover the legislative package, the Venice Commission records positive aspects, but also makes a series of recommendations.

Unlike previous approaches, the current reform of the justice system was developed over a longer period, with numerous consultations, but afterwards the parliamentary debates were rushed, with the government arguing the need to lift the Cooperation and Verification Mechanism and entering in the Schengen Area - the Venice Commission points out - but it records several positive elements, including a correct direction, the lack of political interference in the activity of the National Anti-corruption Division, the regulation of the way of appointing and revoking high-ranking prosecutors or the fact that the Ministry of Justice has control only in managerial matters.

Moreover, in a press release, the ministry welcomes the publication of the opinion and counts in the document 21 remarks, considerations or positive assessments regarding justice laws and four recommendations, which it says it will analyze carefully and openly.

Among the amendments that the Venice Commission considers necessary are the establishment of longer and non-renewable mandates for the heads of the General Prosecutor's Office, National Anti-corruption Division and DIICOT or the clear statement that judicial police officers are not subordinated to the Ministry of Internal Affairs in their work.

Translated by: Radu Matei