EC Draft Report Criticizes Trial Suspension Over Unconstitutionality Exceptions

 

"It will be important for the Executive to agree with the legislator to amend the law on the functioning of the Constitutional Court to abolish the automatic suspension of cases where the exception of unconstitutionality is raised by a defendant. Likewise the procedural excesses involving the invocation of the illegality exception, which also leads to the suspension of the case, must be legally contained,” the EC said in the draft report, adding these issues cause unacceptable delays.

These issues should either be addressed in the upcoming debates on the criminal and civil procedure codes or more immediately by amending the relevant implementing rules.

The EC also notes that the General Prosecutor actively lodged appeals with the High Court of Justice challenging conflict jurisprudence, which may have contributed to more uniform jurisprudence.

"The number of appeals in the interest of the law peaked in 2007 and the lower number in 2008 may indicate a certain success in unification,” the report notes.

The draft also states the High Court of Justice rendered numerous decisions on appeals relating to the uniform interpretation and application of the law across the court system, but criticize the cumbersome and questionable procedure which states that two thirds of the 120 judges of the High Court must participate to the decisions and agree to the reasoning, which causes delays and sometimes leads to unclear statements of reasons.

The Commission also notes an important step in unifying jurisprudence is the systematic publication of case law and the organization of meetings with judges of lower courts. Another important step will be the issuing of guidelines on corruption penalties promised by the High Court for autumn this year, the report notes, adding the appointment of a new head at the High Court in autumn will be an occasion to demonstrate committeeman to reform, modernize and increase transparency of the judiciary system.

Early July, the Romanian Ministry of Justice drafted a law setting that trials are not to be suspended automatically when exceptions of unconstitutionality are raised, and have sentences revised if the respective exception is upheld. The Senate, however, rejected the legislative proposal, as deciding chamber.

 

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