Venice Commission Recommends Romania To Revise Procedures For Appointing Top Prosecutors

According to the final version of the Venice Commission review on the judicial overhaul pushed by the country’s ruling coalition, the final version of the provision, although slightly improving on initial proposals, could still be a source of pressures for top prosecutors.

“Although some welcomed improvements were added following the previous criticism and decisions of the Constitutional Court, it would be difficult not to foresee the danger posed by these instruments, which could generate pressures on judges and prosecutors and ultimately undermine judicial independence,” reads the Venice Commission review.

The institution maintained its initial recommendation to modify the Constitution so as to maintain the role of the president and of the Superior Council of the Magistracy (CSM) in these processes.

It also advises Romanian authorities to remove restrictions on the freedom of speech of judges and prosecutors and to revise new proposals on the liability of magistrates, a new special section to investigate judicial crimes and reasons needed for dismissing CSM members.

The Council of Europe body also recommended abolishing measures which would lead to the early retirement of magistrates, instead of merely delaying them, as the Romanian Government recently did through a judicial decree.

The institution initially announced on Friday that, in its opinion, the ongoing judicial overhaul pushed by Romania’s ruling coalition seriously weakens the country's fight against corruption, violent crimes and organized criminality.

The Commission specifically expressed concerns regarding amendments to the country’s Criminal Code and Criminal Procedure Code, passed by the Romanian Parliament in July and currently undergoing Constitutional Court reviews. The changes to the Criminal Procedure Code were deemed unconstitutional last week.

The institution recommends Romanian authorities to revise the process and draft solid and coherent proposals in the field.

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