FJR:Passage of Criminal Code amendments at speed of light turns Romania away from rule of law standards

The adoption of the amendments to the Criminal Code at the speed of light, in blatant breach of international conventions and by ignoring the opinions of the Venice Commission, turns the Romanian state farther away from the minimal standards of the rule of law, the Romanian Judges Forum (FJR) said. 

Despite countless calls by Romanian magistrates and European and international organizations in all possible forms, which have been running lately in the hundreds, the Parliament of Romania heedlessly continues its final effort, leaving partner states and actually the entire civilized world appalled, the signatories of the message state. 

"Amendments required by laws of capital importance such as the Criminal Code and the Criminal Procedure Code are not to be adopted at the speed of light, in fast-track procedures invented overnight in sizzling summer times, during recess, in contempt of the civilized world, but by dialogue, based on serious impact studies and with the involvement of all relevant technical experts, mainly of international ones," the Judges Forum underscores. 

The magistrates argue that the amendments that cleared Parliament shoot past the desideratum claimed by the representatives of the legislative power, of just bringing the legal provisions in line with the resolutions of the Constitutional Court, and that they actually shift to an analysis of timeliness from the standpoint of the state's criminal policy, which would for instance require "carefully weighing in on the need to effectively protect the social values targeted by the anti-social deed perpetrated by the public servants, and on protecting the integrity of the public heritage, respectively." 

The Judges Forum argues that a radical change in the lawmaker's viewpoint on the criminal liability of public servants should be the result of serious debate in the judicial milieu and in society, in order to avoid all potential negative consequences such as rendering vulnerable the social relations that should be based on confidence in the activity of public servants, and not by violating the provisions of the UN Convention against corruption adopted in New York on October 31, 2003. 

The Romanian Judges Forum reiterates that when adopting the envisaged legislative amendments, Parliament is bound to wait for and fully take in consideration the opinions of the Venice Commission which was notified on June 28 by the Parliamentary Assembly of the Council of Europe, as a minimal indication that the rule of law can still operate in Romania and in order to not put in difficulty the track of the Romanian state as a member of the Council of Europe. 

"Having in view Romania's statute as a party to the European Convention on Human Rights and as a member of the Council of Europe, the recommendations of the Venice Commission cannot remain without practical effects, as the improvement of the regulatory framework is being pursued without equaling this to the breach of the principle of the supremacy of the Constitution of Romania," the judges argue. 

The Romanian Judges Forum is calling on the competent authorities to challenge the regulatory act in the Constitutional Court.