Radio România Internațional

Tag: justice overhaul

  • December 27, 2017

    December 27, 2017

    JUDICIAL OVERHAUL – Romanian PM Mihai Tudose is today having talks with
    representatives of 43 civic organisations, which are actively involved in the
    protests against the criminal laws in Romania, who asked the prime minister to
    have a meeting on the justice laws and the amendments to the criminal codes.
    The organisations have expressed readiness to contribute solutions, so that the
    rule of law, democratic principles and fundamental rights be observed. The
    Senate, as a decision-making body, has recently adopted the draft which amends
    the Law on the organisation and functioning of the Higher Council of
    Magistracy, the draft on judicial organisation and the one on the Status of Magistrates.
    The amendments, backed by the ruling coalition made up of the Social-Democratic
    Party-the Alliance of Liberals and Democrats, are vehemently contested by the
    right wing opposition, part of civil society and hundreds of magistrates, who
    consider the reform process is not transparent. Among others, a legislative draft proposal submitted at the Chamber of
    Deputies on December 18 by several Social-Democratic MPs provides for house
    arrest for those who receive sentences of up to three years and sets a 200,000
    Euro threshold for abuse of office. It also provides for shorter sentences
    for bribe taking and giving as well as for influence peddling. On Friday, the
    Secretary General of the Council of Europe, Thorbjorn Jagland, sent a letter to
    Romania’s President, Klaus Iohannis, urging him to call for an opinion from the
    Venice Commission on the legislative reforms adopted by Parliament. Earlier,
    the Bucharest embassies of Belgium, Denmark, Finland, France, Germany, the
    Netherlands and Sweden had issued a common letter, calling on all sides
    involved in the judicial overhaul to avoid any sanction which might lead to the
    weakening of the independence of the judiciary and of the fight against
    corruption. In response, the Foreign Ministry said that strengthening the rule
    of law and intensifying the fight against corruption are two of the priorities
    set by the Romanian Government




    FINANCIAL– Romania has paid back over 1.263
    billion Euros in 2017 of a stand-by loan agreement contracted in 2009 from the
    EU and the World Bank. The sum of money represents cap-rates, interest rates
    and commissions, data issued by the Finance Ministry show. The largest sum of
    money was paid back to the EU, that is 1.254 billion Euros. September was the
    payment peak, when over 1.179 billion Euros were reimbursed to both the EU and
    the World Bank. Romania should still pay back 3.5 billion Euros to the WB and
    the EU, until 2023.




    POVERTY -Approximately two in five people who had a job last year
    were living under the poverty line, the Romanian National Institute of
    Statistics shows. Of the people who carried out economic-social activities and
    got a salary, one in five men and one in seven women lived under the poverty
    line in 2016. As regards the unemployed, one in two is poor.




    SPLIT VAT – President Klaus Iohannis has
    promulgated the law on the payment of split VAT. As of January 1, 2018,
    companies which are undergoing an insolvency process and those which have
    failed to pay the VAT in due time must open separate accounts for the payment
    of the VAT. Firms, which have reported delays in paying the VAT will have the
    right to renounce to the payment of the split VAT after a six month-period since
    they paid back all their debts. Companies which willingly choose this system
    should contribute money for at least a year and afterwards can renounce to the
    option. They benefit from tax cuts during the year when they choose to pay the
    split VAT. Also under this law, debt ceilings for firms have increased ten
    times, and consequently, the ceiling for big contributors stands at some 15
    thousand lei (3.2 thousand Euros) and for medium-sized contributors at 10,000
    lei.




    NUCLEAR PROGRAM- The North-Korean nuclear missile program runs counter to the
    requirements set by the UN Security Council, Moscow and Washington say. At the
    initiative of the US, the Russian foreign minister and the US Secretary of
    State, Sergey Lavrov and Rex Tillerson, respectively, have had a phone
    conversation on the issue and agreed that it is necessary to move from the
    language of sanctions to the negotiation process as soon as possible.
    According to Moscow, Lavrov has underlined that it is unacceptable to
    exacerbate tensions around the Korean peninsula with Washington’s aggressive
    rhetoric toward Pyongyang and increasing military preparations in the region.
    The UN Security Council on Friday adopted a resolution which imposes new
    sanctions on Pyongyang, particularly restrictions on oil imports, which are
    instrumental for its ballistic and nuclear programs, deemed by North Korea as
    an act of war.







  • December 23, 2017 UPDATE

    December 23, 2017 UPDATE

    PROTESTS — Over 40 civic organisations, which are among the initiators of the street protests in Romania against the amendments to the Justice laws and the Criminal Codes have sent an open letter to Prime Minister Mihai Tudose, asking him to have together a meeting over December 27-30. The signatory organisations claim there have been major deficiencies in the dialogue and consultations between the law-maker and society, on the adoption of the Justice laws and during talks on the amendments to the Criminal Codes. On Friday, the Secretary General of the Council of Europe, Thorbjorn Jagland, sent a letter to Romania’s President, Klaus Iohannis, urging him to call for an opinion from the Venice Commission on the legislative reforms already adopted by Parliament. Earlier, the Bucharest embassies of Belgium, Denmark, Finland, France, Germany, the Netherlands and Sweden had sent a joint letter, calling on all sides involved in the process to reform the judiciary to avoid any action which might lead to the weakening of the independence of the judiciary and of the fight against corruption. In response, the Romanian Foreign Ministry said that strengthening the rule of law and boosting the fight against corruption are among the priorities set by the Government. In their turn, the leaders of the parliamentary majority, Social-Democrat Liviu Dragnea and Liberal-Democrat Calin Popescu Tariceanu have promised that the Justice and Foreign ministers, Tudorel Toader, and Teodor Melescanu, respectively, will correctly inform the embassies on the changes brought to the legislation in the field.



    COMMEMORATION — Military and religious ceremonies and floral tributes were paid on Saturday morning at the “Henri Coandă” Otopeni International Airport, near Bucharest, to commemorate the gendarmes who lost their lives during the Anti-communist Revolution 28 years ago. Doing their military service in Câmpina, southern Romania, the gendarmes were sent on December 23, 1989, to defend the airport, which was allegedly under ground and air attacks by the so-called terrorists loyal to former dictator Nicolae Ceausescu. In Otopeni, however, the army opened fire on them, killing 37 officers, non-commissioned officers, pupils and conscripts. Started on December 16, 1989 by the inhabitants of Timisoara, in the west, who opposed an abusive measure taken by the local authorities, the Revolution spread to the whole country and culminated on December 22, with the Ceausescu couple’s attempt to flee Bucharest. Captured by the army, he was executed on December 25, following a summary trial. Over 1,000 people died and some 3,400 got injured during the 1989 Revolution.



    JUDICIAL OVERHAUL — 2018 will also be a year with a busy legislative agenda, says the Speaker of the Chamber of Deputies, Liviu Dragnea, who is also the leader of the main ruling party, PSD, the Social Democratic Party. Dragnea says the main legislative priorities next year are the project for the creation of the Sovereign Development and Investment Fund and the administrative Code. Another important law on the agenda of the ruling coalition is the public-private partnership, the Speaker of the Chamber of Deputies has also added.



    CENTRAL BANK – The National Bank of Romania has announced it will issue next year new banknotes and coins featuring the country’s new coat of arms. They will circulate concurrently with the existing ones. The new coat of arms features a crowned eagle. The new banknotes and coins will be gradually introduced on the market, depending on the real needs for currency. The new banknotes will also bear the date of “January 1, 2018″, on the obverse. According to a communiqué issued by the National Bank of Romania, all the other graphic and safety elements are identical with those on the banknotes and coins which are already in circulation.



    MIGRANTS — A Syrian and a Sudanese citizen have been temporarily taken into custody for 30 days for migrant trafficking, after the Romanian border police spotted them while guiding six Iranian nationals, who illegally tried to cross the Serbian- Romanian border. According to a communiqué issued by the Border Police on Saturday, the migrants intended to reach a country in Western Europe.



    TENNIS — The world number one woman tennis player, Romanian Simona Halep, on Sunday will face Karolina Pliskova of the Czech Republic, no.4 WTA, in the finals of the Intercontinental World Tennis Championship demonstrative tournament in Thailand. On Saturday, Halep defeated British Johanna Konta, 2-0, whereas Pliskova outperformed Latvia’s Jelena Ostapenko, 2-0. On Sunday, Ostapenko and Konta will fight for the third place.

  • December 23, 2017

    December 23, 2017

    PROTESTS – Fresh anti-government protests have been announced in Bucharest and many other cities and towns across the country, in the afternoon. The initiators are NGOs that accuse the Government and the parliamentary majority made up of the Social Democratic Party-The Alliance of Liberals and Democrats of trying to subordinate Justice, by changing the legislation in the field. On Friday, the Secretary General of the Council of Europe, Thorbjorn Jagland, sent a letter to Romanias President, Klaus Iohannis, urging him to call for an opinion from the Venice Commission on the legislative reforms already adopted by Parliament. Earlier, the Bucharest embassies of Belgium, Denmark, Finland, France, Germany, the Netherlands and Sweden had sent a joint letter, calling on all sides involved in the process to reform the judiciary to avoid any action which might lead to the weakening of the independence of the judiciary and of the fight against corruption. In response, the Romanian Foreign Ministry said that strengthening the rule of law and boosting the fight against corruption are among the priorities set by the Government. In their turn, the leaders of the parliamentary majority, Social-Democrat Liviu Dragnea and Liberal-Democrat Calin Popescu Tariceanu have promised that the Justice and Foreign ministers, Tudorel Toader, and Teodor Melescanu, respectively, will correctly inform the embassies on the changes brought to the legislation in the field.



    COMMEMORATION – Military and religious ceremonies and floral tributes were paid this morning at the Henri Coandă Otopeni International Airport, near Bucharest, to commemorate the gendarmes who lost their lives during the Anti-communist Revolution 28 years ago. Doing their military service in Câmpina, southern Romania, the gendarmes were sent on December 23, 1989, to defend the airport, which was allegedly under ground and air attacks by the so-called terrorists loyal to former dictator Nicolae Ceausescu. In Otopeni, however, the army opened fire on them, killing 37 officers, non-commissioned officers, pupils and conscripts. Started on December 16, 1989 by the inhabitants of Timisoara, in the west, who opposed an abusive measure taken by the local authorities, the Revolution spread to the whole country and culminated on December 22, with the Ceausescu couples attempt to flee Bucharest. Captured by the army, he was executed on December 25, following a summary trial. Over 1,000 people died and some 3,400 got injured during the 1989 Revolution.



    CENTRAL BANK – The National Bank of Romania has announced it will issue next year new banknotes and coins featuring the countrys new coat of arms. They will circulate concurrently with the existing ones. The new coat of arms features a crowned eagle. The new banknotes and coins will be gradually introduced on the market, depending on the real needs for currency. The new banknotes will also bear the date of “January 1, 2018, on the obverse. According to a communiqué issued by the National Bank of Romania, all the other graphic and safety elements are identical with those on the banknotes and coins which are already in circulation.



    MIGRANTS – A Syrian and a Sudanese citizen have been temporarily taken into custody for 30 days for migrant trafficking, after the Romanian border police spotted them while guiding six Iranian nationals, who illegally tried to cross the Serbian- Romanian border. According to a communiqué issued by the Border Police on Saturday, the migrants intended to reach a country in Western Europe.



    TENNIS – The world number one woman tennis player, Romanian Simona Halep, is playing Johanna Konta of Great Britain, in the semis of the “Intercontinental World Tennis Championship demonstrative tournament in Thailand. Playing in the other semi-final are Karolina Pliskova of the Czech Republic, no.4 WTA, and Latvias Jelena Ostapenko, no. 7 WTA. On Sunday, the winners of the two semis will meet in the final, and the defeated players will fight for the third place.

  • Reactions to the legal system changes

    Reactions to the legal system changes

    In only two weeks, the parliamentary majority supported by the Democratic Union of Ethnic Hungarians in Romania has finalised the legislative process meant to overhaul the judicial system. This haste has been deemed suspicious by the right-wing opposition, the main judicial institutions and members of the public, many of whom took to the streets and social networks to protest against the controversial changes to the justice legislation.



    At the end of the whole process, the leader of the Social Democrats Senate group, Serban Nicolae, said there are no new provisions justifying fears that the judicial system would fall under political control: “I would like us to note a few things. No text, proposal or amendment has been passed that may be said to politicise the judiciary, to place the act of justice under political control, and to put pressure on judges and prosecutors. Those who have opposed the laws have invoked these issues. It is very clear and I believe everybody who acts in good faith has to accept the fact that they have been lied to.



    However, the High Court of Cassation and Justice has decided to file a complaint to the Constitutional Court to verify the constitutionality of some of the provisions in the law on the status of magistrates amended by Parliament. The National Liberal Party, in opposition, has also challenged the law at the Constitutional Court.



    The vice-president of this party, Raluca Turcan: “We have filed this challenge and hope it will be successful because all regulations relating to procedures have been violated, as well as many aspects that have to do with the constitutional nature of the legislation.



    One controversial article in the new law on the status of magistrates stipulates that prosecutors and judges must be held accountable for judicial errors made in bad faith or due to grave negligence. Another disputed provision refers to the fact that the president is, from now on, only allowed one single and justified rejection of nominations for the positions of Prosecutor General and head of main prosecutor general offices. With regard to the law on the judicial organisation, an amendment that has been criticised as an attempt to curb the powers of the National Anticorruption Directorate is that on the creation of a special department investigating all types of crimes committed by magistrates. These changes and the haste with which they were made, without real discussion with all players involved in the judicial system, have generated mistrust and much concern outside Romanias borders, as well.



    The Bucharest embassies of Belgium, Denmark, Finland, France, Germany, the Netherlands and Sweden have said in a joint statement that the laws on the change of the judicial system passed recently may put Romanias significant progress in the field at risk. The embassies of these seven countries call on the parties involved to avoid actions that may weaken the independence of the judicial system and the fight against corruption.



    The President of the European Peoples Party, Joseph Daul, has also criticised the changes, saying the independence of the legal system in Romania is in danger. He recalls that the separation of powers is a pillar of democracy and that the judiciary must never be placed under political control in a European Union member state. Even the Alliance of Liberals and Democrats for Europe, the political family from which the junior partner in the coalition government in Bucharest says it hails from, has voiced concern about the new justice laws. (Edited by D. Vijeu)