New Challenges against the Judiciary in Romania

After a year 2018 dominated by conflicts between the President and the Government and marked by the adoption and entry into force of major changes of the judiciary legislation, the first part of 2019 brought new challenges to the rule of law in Romania, especially as regards the judiciary. All these changes aim at increasing the power of the executive over the prosecutorial part of the judiciary and at removing virtually all checks-and-balances in decision-making on the top prosecutorial offices.

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The Taming of the Court – When Politics Overcome Law in the Romanian Constitutional Court

The Romanian Constitutional Court has backstabbed the Romanian President in his efforts to protect the independence of the chief anti-corruption prosecutor. On 30 May 2018, the Constitutional Court ordered the President to dismiss the chief anti-corruption prosecutor via presidential decree. Before, the President had refused the proposed dismissal by the Minister of Justice based on an Advisory Opinion of the Superior Council of Magistracy that stated that the reasons brought forward against the chief prosecutor were not substantiated enough to justify a dismissal.

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‘We Don’t Need No Constitution’ – On a Sad EU Membership Anniversary in Romania

These are troubled constitutional times in Romania. The newly elected government led by the corruption-ridden PSD party is pushing for legislative changes to make corruption offences virtually unpunishable by means of dubious Emergency Ordinances. A pending appeal before the Constitutional Court seeks to have legal provisions which prohibit persons with criminal convictions to occupy public positions in the Government declared unconstitutional. These attempts are met with resistance by the President who calls for an anti-corruption referendum.

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