According to the latest reports published by GRECO, as well as by the European Commission (under the Co-Operation and Verification Mechanism), it is essential to request an opinion from the Venice Commission on a number of aspects regarding the newly proposed amendments of the laws of justice in Romania.
Due to the inexplicable lack of involvement of public authorities in Romania that are entitled to request an opinion from the Venice Commission, the Romanian Judges’ Forum, joined by other national entities, have submitted a request to the Parliamentary Assembly of the Council of Europe to consult the Venice Commission (http://www.forumuljudecatorilor.ro/wp-content/uploads/Letter-to-Mr.-Michele-Nicoletti-President-of-the-Parliamentary-Assembly-request-to-consult-the-Venice-Commission.pdf).
As a result of these actions, on Thursday, 26 April 2018, there will be consultations held in Strasbourg with relevant authorities, to which the Superior Council of Magistracy is invited, through its president.
Due to the complete lack of public information on the limits of the mandate granted by the Plenum of the Superior Council of Magistracy to its president for that purpose, within the Plenum of the SCM’ meetings, the Romanian Judges’ Forum hereby requests to her honourable judge Simona Camelia Marcu to respect the will of the absolute majority of the general assemblies of the Romanian courts and prosecutors’ offices expressed during the autumn of 2017, that of the 4000 judges and prosecutors who signed the Memorandum for the withdrawal of the draft law amending the laws of justice, as well as the two consecutive negative opinions issued by the Plenum of the SCM and, consequently, to express the need that the PACE should request an opinion from the Venice Commission.
Any other point of view would seriously ignore the will of the overwhelming majority of the Romanian judges and prosecutors aimed at strengthening the rule of law and at having laws on judicial system based on the constitutional traditions of EU member states and on the values promoted by the Council of Europe.
Judge DRAGOȘ CĂLIN, Court of Appeal Bucharest, co-president
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