Tag: Superior Council of Magistracy

  • January 6, 2023

    January 6, 2023

    Alert. Today, the Romanian Ministry of Health is having talks with the most important manufacturers and distributors of medicines in Romania to find a solution to the lack of some treatments on the market, against the background of the significant increase in demand recently. Consumption estimates for this year were far exceeded in the context of the wave of viral infections lately, Minister Alexandru Rafila said, and currently an opinion is expected from the European Commission regarding the proposal to suspend the export of some medicines. Because of the accelerated increase, for three weeks in a row, in the number of respiratory infections, the authorities in Bucharest have decided to declare a state of epidemiological alert.



    Magistracy. The new president of the Superior Council of Magistracy (SCM) in Romania, judge Daniel Grădinaru, said that he wants unity within this body and a loyal cooperation with the other state institutions. The new vice-president, prosecutor Daniel Horodniceanu, former head of DIICOT (Directorate for Investigating Organized Crime and Terrorism) has also pleaded for unity in the new Council, an institution that manages the careers of magistrates and which, in recent years, has been divided in terms of statements and points of view regarding important justice-related issues. The new management of SCM was unanimously voted for, and the mandate of the two heads last one year, with no possibility of extension. The SCM is made up of nine judges and five prosecutors elected by magistrates in the general assemblies of the courts and prosecutors offices, two representatives of civil society elected by the Senate and three legal members – the Minister of Justice, the President of the High Court of Cassation and Justice and the Prosecutor General of Romania. All members have a six-yea term, which cannot be renewed.



    Ukraine. The Kremlin has announced that the Russian president, Vladimir Putin, has ordered his forces to observe a temporary ceasefire in Ukraine, on the occasion of the Old Rite Orthodox Christmas, following a call to this effect by the Patriarch of Moscow, Kirill. Putin invited the Ukrainian forces to respect this truce, to enable the Orthodox, the majority denomination in both countries, to attend the Christmas services. Patriarch Kirills call had been rejected by the advisor to the Ukrainian Presidency, Mihailo Podoliak, who denounced, on Twitter, right before Putins announcement, what he called a cynical trap. Podoliak accused Putin of not having the slightest desire to end the war and of trying to convince the Europeans to put pressure on Kyiv for peace negotiations, an option that Ukraine has systematically refused. For his part, the American president, Joe Biden, appreciated that Putin wants “a breath of air”, by launching the truce in Ukraine, given that, on December 25 and the New Year, he was prepared to bomb hospitals, nurseries and churches.



    Epiphany. Christians in Romania celebrate, today, the Baptism of the Lord, known as the Epiphany. The priests officiate in front of the churches the service of the Consecration of the water, in memory of the Baptism received by Jesus Christ in the waters of the River Jordan. According to theologians, after 30 years of life in anonymity, Jesus Christ, the Son of God incarnate, began his mission on the banks of the River Jordan, where the Prophet John baptized those who repented of their sins. The faithful who go to church today will receive “agheasma”, holy water, during a special service held after the liturgy, in front of the churches or on the river banks.



    Tennis. Romanian tennis player Irina Begu qualified, on Friday, for the semi-finals of the Adelaide International 1 (WTA 500) tournament in Australia, with more than 800 thousand dollars in prize money, after defeating the Russian Veronika Kudermetova 7-5, 6-4. Begu (32 years, 34 WTA) won the match after more than two hours (2 h 09 min). The Romanian will play in the semifinals with the Belarusian Arina Sabalenka, who defeated the Czech Marketa Vondrousova 6-3, 7-5. The only direct match between Begu and Sabalenka ended with the Romanians victory, 6-4, 6-4, last year, in the second round in Miami.



    Handball. The Romanian mens national handball team was defeated by the Spanish team 42-29, on Thursday evening, in Benidorm, in a training tournament. In the other match on Thursday, Argentina beat Bahrain 31-27. The matches Romania – Argentina and Spain – Bahrain will be played on Friday, and the matches Romania – Bahrain and Spain – Argentina are scheduled for Saturday. Outside of Romania, the other teams participating in the tournament are qualified for the World Championship hosted by Poland and Sweden, between January 11-29. (MI)


  • Senate approves justice laws

    Senate approves justice laws

    The three laws elaborated by the Justice Ministry, regulating the functioning of the Superior Council of Magistracy, judicial organization and the status of judges and prosecutors, were adopted by the Senate, the decision-making body in this matter. The ruling coalition in Bucharest had an easy job passing the law facing a fragile opposition, whose only option now is to challenge the laws at the Constitutional Court in order to block them. USR in opposition criticized the laws, the proceeding of the debates as well as the fact that the ruling coalition didnt wait for the opinion of the Venice Commission. The chairman of the Senates constitutionality committee, Simona Spătaru from USR, claims the current laws are even worse than the ones proposed by the Dragnea regime 5 years ago. We recall that the ruling party back then, PSD, tried to swiftly pass the laws through Parliament, but they were met with public opposition, street protests and criticism from European partner institutions. The party leader, Liviu Dragnea, faced a number of investigations and was eventually sentenced for corruption in 2019.




    Now, USR believes the remit of the National Anti-Corruption Directorate (DNA) and the Directorate for Investigating Organized Crime and Terrorism (DIICOT) remain vaguely defined, which represents a blow dealt to the fight against corruption and organized crime. The opposition also condemns the involvement of the political elites in appointing top-level prosecutors. In turn, ruling coalition representatives claim the texts fall in line with recommendations issued by the relevant European institutions. The laws guarantee the independence of the judiciary and protect the justice system against any ingressions, internal or external, Social-Democrat Senator Robert Cazanciuc, a former Justice Minister, says. Prime Minister Nicolae Ciucă says the justice laws lay the foundations for streamlining the system, align the countrys judiciary to European standards and consolidate its independence.



    A controversial measure was to eliminate disciplinary investigations of magistrates who dont comply with rulings issued by the European Court of Justice, the European Court for Human Rights, the Constitutional Court of Romania and the High Court of Cassation and Justice for any appeal. Interim Senate Speaker, Alina Gorghiu, argues that, if the provision had been maintained, it would mean that judges can only rule appeals when threatened by disciplinary actions. The measure is meant to make magistrates more responsible and independent, encouraging free thought and making them equal to their European peers, Gorghiu went on to say. Another provision in the law package, criticized by experts, exempt the prosecutor general with the High Court of Cassation and Justice and the latters president from any disciplinary action designed to investigate offenses committed by judges and prosecutors, putting the Judicial Inspection Department of the Superior Council of Magistracy in charge of these proceedings. (VP)


  • Disagreements over the National Anticorruption Directorate

    Disagreements over the National Anticorruption Directorate

    President Klaus Iohannis first rejected the proposal of the justice minister Tudorel Toarel for Adina Florea, a prosecutor from Constanta, to take over as the new chief of the National Anticorruption Directorate last November. Earlier, the Superior Council of Magistracy had also given a negative opinion arguing that Florea was not a suitable choice for this high-ranking position because she reacted precariously in stressful conditions and had problems with honesty and impartiality.



    The presidents reasons for refusing to appoint her were different, namely the legality of her application given there is no official proof that Adina Florea was not part of or did not collaborate with the secret services during the communist era. As the justice minister has nominated Florea again, the president has responded that the reason for which he rejected her nomination in the first place still stands. Its possible that the new conflict between the president and minister Toader may reach the Constitutional Court, as was the case last year when Toader proposed the dismissal of the former head of the anticorruption directorate, Laura Codruta Kovesi.



    At the time, the Court ruled in Toarders favour and obliged president Iohannis to dismiss Kovesi despite his initial refusal and a negative opinion from the Superior Council of Magistracy. As for Kovesi, the former iron lady of anticorruption in Romania filed a complaint at the European Court of Human Rights saying she was not guaranteed a fair treatment in the case of her dismissal as the constitutional judges ruled without giving her the possibility to defend herself or allowing an appeal. In response, minister Toader has said the Constitutional Court judges do not deal with people but with exceptions, objections and legal conflicts of a constitutional nature.



    Kovesi says she is not seeking compensation for her dismissal or to be reinstated, but to prevent a practice she views as abusive from being applied in the case of other prosecutors in leading positions. She says that attempts are being made to hinder the activity of prosecutors and restrict their independence and to get rid of the prosecutors who wish to continue the fight against corruption and investigate cases.



    Praised in all of the European Commissions justice reports for its efficiency in combating high-level corruption, the National Anticorruption Directorate is going through a bad time. Five of its prosecutors from Oradea, in the west, were heard by the Prosecutor Generals Office about an audio recording in which they are heard discussing ways to intimidate judges. The department for the investigation of crimes in the judiciary last week opened a criminal investigation into the matter. The leadership of the National Anticorruption Directorate says it rejects any action by its staff that violates legal norms and the magistrates rules of professional conduct and that it has requested an explanation from its Oradea branch.


  • October 12, 2018 UPDATE

    October 12, 2018 UPDATE


    EU TALKS – Romanias vision within the EU is strongly pro-European, and the motto of the Romanian presidency of the EU Council is cohesion, which reflects the need for unity and cooperation among the member states. The statement was made by the Speaker of the Chamber of Deputies Liviu Dragnea during the meeting he had on Friday in Bucharest with the Secretary General of the European Commission Martin Selmayr and Clara Martinez Alberola, Head of Cabinet of the EC President Jean-Claude Juncker. On Friday, the EU officials also had talks with the Speaker of the Romanian Senate, Calin Popescu Tariceanu, about Romanias stand on the main European issues and its priorities as president of the EU Council as of January 1st, 2019. Tariceanu said that Romania will be holding the rotating presidency against a very complex background, marked by many challenges that impact citizens and governments.



    EUROPEAN ISSUES – The Romanian Minister of the Interior, Carmen Dan, stated on Friday that Romania, as the country holding the presidency of the EU Council in the first half of 2019, will pay close attention to the phenomenon of radicalisation. The Romanian official also stated that Romania was not faced with a direct and imminent terrorist threat or violent extremism, but was concerned about the development of such phenomena in the past years. The Romanian official made these statements at the High-Level Conference of the Radicalisation Awareness Network (RAN), held in Luxembourg, occasioned by the meeting of the Justice and Home Affairs Council held on Thursday and Friday.



    ANTI CORRUPTION – Prosecutor Adina Florea, a candidate for the office of head of the National Anticorruption Directorate, demonstrates poor resistance to stress and also a low capacity of analysis and synthesis, reads the opinion of the Superior Council of Magistracy. The Council also noted that, during the interview, the candidate could not prove honesty and impartiality, which are a must for a good manager. On Monday, the Council gave a negative opinion on the proposal set forth by the Justice Minister Tudorel Toader. The opinion is however advisory. The decision to appoint the new head of the Directorate lies with the president of the country, Klaus Iohannis. We recall that the post became vacant in July, when Laura Codruta Kovesi was dismissed by president Iohannis, who had to enforce a ruling issued by the Constitutional Court, although the dismissal was not endorsed by the Superior Council of Magistracy.



    JUSTICE LAWS – On Friday, Romanias president Klaus Iohannis promulgated the law on the status of magistrates, the last of the three justice laws, after the bill had been challenged at the Constitutional Court several times. On July 19th, the head of state notified the Court with regard to the changes brought by Parliament to the law on the status of magistrates, motivating that the extraordinary session of the Chamber of Deputies, during which the bill was voted, had not been legally convened. In another move, also on Friday, the Constitutional Court admitted in part the notifications submitted by the Supreme Court, the National Liberal Party, the Save Romania Union and president Iohannis concerning the bill amending the Code of Criminal Proceedings, as well as the one amending the judicial organisation law. According to magistrates, the laws include unclear provisions, while the opposition representatives say now the law favours criminals.



    ROMANIAN-ITALIAN RELATIONS – Romanias President, Klaus Iohannis, will travel to Italy, between October 14th and 17th, on the first visit by a Romanian president to that country in the past 45 years. According to a communiqué issued by the Presidential Administration, Klaus Iohannis is due to meet his Italian counterpart, Sergio Mattarella, PM Giuseppe Conte, and the Speakers of the Senate and Chamber of Deputies, Maria Elisabetta Alberti Casellati and Roberto Fico, respectively. The agenda of the visit also includes meetings with representatives of the Orthodox, Greek-Catholic and Roman-Catholic religious denominations as well as with representatives of the Romanian community, the largest outside the borders of the country. The visit is paid against the backdrop of celebrations marking the Great Union Centennial and 10 years since Romanian-Italian relations were raised at the level of Consolidated Strategic Partnership, the communiqué also reads.



    FRANCOPHONIE – Romania will keep playing the role of flagship country of the Francophone Movement, the Romanian deputy prime minister Ana Birchall said during the Conference of heads of state and government of the Francophone countries, held in Yerevan, Armenia, between October 10 and 12. Ana Birchall gave a speech in her capacity as head of the Romanian delegation, underlining Bucharests commitment to Francophonie and its values. The agenda of talks also covered issues related to the adoption of documents and resolutions concerning the Francophone area, electing the Secretary General of the Francophonie for the 2018-2022 period, debates on crisis situations in the Francophone area and accepting new members of the International Organisation of the Francophonie. Talks also covered such issues as the importance of culture, education and research for the development of countries in the whole Francophone area. On this occasion, the Romanian deputy PM signed an agreement regarding the headquarters of the Regional Bureau of the International Organisation of the Francophonie for Central and Eastern Europe, concluded by the Romanian Government and the International Organisation of the Francophonie.



    POLL- Almost two thirds of the Europeans say they are not convinced that their lives would be worse without the European Union, a poll carried out by a polling institute in Brussels, Europes Friends, shows. The poll was conducted in September, among 11,000 interviewees, from all member states. According to the poll, 64% of the Europeans are not convinced that their lives would be worse without the EU, and almost half of the respondents said the Union is irrelevant. The poll underlines that over 30% of the North Europeans, the French and the Germans want to promote values and democracy in the EU, whereas over 40% of the citizens in Southern Europe and the Vishegrad Group, namely the Czech Republic, Hungary, Poland and Slovakia, believe the main objective of the European bloc should be economic growth.




  • October 4, 2018 UPDATE

    October 4, 2018 UPDATE

    JUSTICE – Romanias President, Klaus Iohannis, on Thursday signed the decree under which he promulgated the controversial law on the functioning of the Superior Council of Magistracy. The president has however reiterated that he does not support the changes brought to the bill, which alongside the Law on the judicial organisation, promulgated in July and the one on the status of magistrates, is part of a package called the Justice Laws. The president claims the changes brought to the existing legal framework in the field of justice is a downfall for democracy in Romania. The president requests that the three laws be re-analysed. We recall that the Justice Laws, in the form proposed and adopted by the ruling majority made up of the Social Democratic Party-the Alliance of Liberals and Democrats have been criticised by civil society, also through large protests, and by the Opposition, and have made the subject of significant reproaches by the European institutions. This week, the First Vice-President of the European Commission, Frans Timmermans, has said in the European Parliament during a debate on the rule of law in Romania, that the country has taken steps backwards in the reform of the judiciary and the fight against corruption, also through the changes brought to the Justice Laws.



    CORRUPTION – The Romanian police have confirmed that the former tourism minister Elena Udrea and the former head of the Directorate for Investigating Organised Crime and Terrorism (DIICOT), Alina Bica, have been detained in Costa Rica, following intelligence sent from Bucharest. According to judicial sources, the two are to be heard in court. They have applied for asylum in Costa Rica, and that is why judges might postpone a decision regarding their extradition. Udrea and Bica were under investigation, surveillance and monitoring by the Costa Rican authorities, as they were wanted internationally by Interpol, following the sentences they had received in Romania for corruption. For a long time seen as the most influential character in the former president Traian Basescus entourage, Udrea received from the High Court of Cassation and Justice a final 6-year prison sentence for bribe taking and abuse of office. The same court sentenced Bica to 4 years in prison, in a case in which she was accused of aiding and abetting a criminal.



    NATO- Bucharest will pay special heed to strengthening transatlantic relations, during the Romanian presidency of the EU Council, in the first half of 2019, defence minister Mihai Fifor has said in Brussels. Attending the NATO defence ministers meeting in Brussels, minister Fifor has drawn attention to the importance of fighting hybrid and cyber attacks and underlined the importance of military mobility, a domain in which Romania supports the idea of adopting common NATO-EU standards. On Wednesday, the first day of the meeting, the participants analysed the stage of implementation of the decisions made by the allies at the July summit in Poland and assessed NATOs relation with Georgia.



    REFERENDUM – The campaign for the referendum on redefining family in the Romanian Constitution, due on October 6-7 ends on Friday, 7 a.m. local time. Romanian citizens are called to the polls to say whether they agree to see the definition in the Constitution, which currently reads ‘the consented marriage between spouses, changed into ‘the consented marriage between a man and a woman, the definition proposed by Parliament. The initiative to change the phrasing in the Constitution came from the Coalition for Family, which comprises several Christian organizations. The coalition gathered 3 million signatures to support their initiative. The referendum has been criticized by associations that protect the rights of sexual minorities. For the referendum to be valid, at least 30% of the voters registered on electoral lists must take part, and 25% of the votes must be valid.



    CYBERCRIME – The Romanian Foreign Ministry expresses its solidarity with Great Britain, following Londons denouncement of hostile cyber actions. ‘Romania, in its capacity as EU and NATO member state, situated in the proximity of regions marked by instability, is facing such challenges too reads a communiqué issued by the ministry. Bucharest has reconfirmed its commitment to supporting the fight against cyber attacks and has voiced interest in cooperating with Great Britain and the other allies in implementing firm and concrete measures aimed at preventing and curbing such phenomena. Previously, the British Foreign Secretary Jeremy Hunt had accused the Russian military intelligence services (GRU) of perpetrating cyber attacks against companies and institutions across the world. Hunt has also announced that Great Britain and its allies will discuss about imposing new sanctions on Russia.



    MONETARY POLICY – The Romanian Central Bank has decided to maintain the monetary policy interest rate at 2.5% per year, and the one for bank deposits at 1.5%. The interest rate for loans will stand at 3.5%. These interest rates are used in the relations between commercial banks and the Central Bank. The values of the current rates for minimum reserve requirements applicable to liabilities in RON and in hard currencies have also been maintained. (Translated by M. Ignatescu and D. Vijeu)

  • September 27, 2018 UPDATE

    September 27, 2018 UPDATE

    Resignation. The Romanian Education Minister Valentin Popa announced his resignation on Thursday, after a meeting with the leader of the Social Democratic Party Liviu Dragnea and against talks about a potential government reshuffle. Also on Thursday, Valentin Popa stated that Romania and the Romanian language are not negotiable and all children in Romania must know Romanian, for them to be able to live and work in the country. A few days earlier, the Democratic Union of Ethnic Hungarians in Romania had announced it suspended cooperation with the governing coalition until the issue of the Romanian language taught in primary schools with teaching in minority languages was resolved. This is the second resignation in the Cabinet headed by Viorica Dancila, after that of the Research Minister Nicolae Burnete.



    Ordinance. The Romanian Government on Thursday adopted an emergency ordinance that changes the legislation regarding insolvency. The new provisions are aimed at putting an end to some abusive practices and at providing equal chances for business development. Currently, more than 6,000 companies, with some 65,000 employees, are insolvent, the Finance Minister Eugen Teodorovici said at the end of the meeting. Also on Thursday, the Government took several measures to support certain categories of the population exposed to poverty and social exclusion and decided that Romanian language in primary minority schools will be taught by the teachers of the respective classes.



    UN. A Romanian delegation headed by the countrys president Klaus Iohannis is attending the 73rd UN General Assembly session. Romania will promote an open approach to migration based on identifying consensual solutions among EU member states during its presidency of the EU Council in the first six months of next year, president Klaus Iohannis said during a meeting in New York with the UN High Commissioner for Refugees Filippo Grandi. At the UN, Iohannis pleaded for Romania to be elected as a non-permanent member of the Security Council in the 2020-2021 period. In his address before the UN General Assembly, he said Romania would be a responsible partner in promoting the UNs common agenda. He also said that Romania, as a holder of the EU Council presidency, would consolidate the Unions partnership with the United Nations.



    Rule of law. The Conference of Presidents of the European Parliament announced on Thursday that the vote on the resolution regarding the observance of the rule of law in Romania was postponed until the November plenary session. The vote should have taken place in the second plenary session in October, when the Romanian President Klaus Iohannis is invited to give a speech on the future of Europe. Next week, in Strasbourg, the meeting will only include a debate on the situation in Romania, with the Romanian PM Viorica Dancila attending. PM Dancila already held talks with leaders of the main parliamentary groups in the European Parliament in Brussels early this week.



    Investigation. Colonel Ionut Catalin Sindile, the interim head of the Romanian Gendarmerie, appeared before the General Prosecutors Office on Thursday in connection to the intervention of the riot police during the antigovernment protest on August 10th in Bucharest. He is under criminal investigation, alongside other gendarmerie officials, for complicity to abuse of office and complicity to abusive behaviour. Military prosecutors have opened a criminal case into the brutal way in which the gendarmes acted on August 10th. The General Prosecutors Office says 770 criminal complaints have been filed against the reaction of the security forces, who used tear gas and water canons to disperse the crowds. The protest was treated as a potential risk to public order and the security forces intervention was legal, said the interior minister Carmen Dan.



    African swine fever. The Romanian agriculture minister Petre Daea has held talks in Brussels about the compensations to be granted to Romania by the European Commission for the African swine fever epidemic. According to official data, the Romanian state has awarded compensations to more than 4,000 of the 6,000 cases approved, amounting to around 15 million Euros. Since the outbreak of the virus, some 900 hotbeds have been reported in a number of counties. On the other hand, the simple motion filed by the National Liberal Party against Petre Daea was rejected on Wednesday by the Chamber of Deputies. The Liberals criticised the way in which the situation was handled, while the agriculture minister said the Romanian authorities have taken the standard measures established at European level.



    Appointment. The Superior Council of Magistracy has postponed for the 8th of October an interview with prosecutor Adina Florea, who was proposed by the justice minister Tudorel Toader to take over the leadership of the National Anticorruption Directorate. The Councils opinion, which is advisory, will be submitted to the minister. Later, the proposal will be sent to president Klaus Iohannis. In her application, Adina Florea said that, apart from good things, the activity of the anticorruption prosecutors also contained considerable deviations from the rule of law. Adina Florea, who formerly worked with the Prosecutors Office of the Court of Appeal in Constanta, has been proposed as head of the National Anticorruption Directorate after a second selection round. The post had become vacant in July, when Laura Codruta Kovesi was sacked by president Klaus Iohannis in keeping with a Constitutional Court ruling.



    Industrial action. The Sanitary Solidarity Federation is to begin consultations with trade union members about a programme of wide-scale protests going all the way to a general strike, given that the government has not signed the collective employment agreement for the sector, the Federation has announced. Healthcare trade unions have a list of ten demands, including the awarding of the salary increases corresponding to 2019 beginning in January for all categories of employees who have not benefited from an increase in the basic salary. They also demand taxing the food benefit in the same way as meal vouchers.

  • Justice Laws referred to the Constitutional Court

    Justice Laws referred to the Constitutional Court

    Passed in December by the ruling coalition with a haste criticized by the right-wing opposition, the justice laws were green-lit by the Constitutional Court and were sent to the president for ratification. President Klaus Iohannis has announced he is sending the law package back to the Court and will notify the Venice Commission over their content.




    The president has identified what he claims to be vulnerable and non-constitutional points in the laws referring to the status of magistrates, judicial organization and the functioning of the Superior Council of Magistracy. The president believes the laws are not well suited for Romania’s legislative framework and don’t comply with European standards in the field.




    Klaus Iohannis said the new provisions weaken the status of prosecutors and could impact the functioning of courts with the risk of blocking the judicial process. The new institutions created under the new laws are aimed at intimidating magistrates instead of streamlining the justice system, the president also argues. Similarly, increasing the role of the Justice Minister to the detriment of the Superior Council of Magistracy could jeopardize the organizational independence of the judiciary.




    Klaus Iohannis: “Obviously, in their current form, the justice laws don’t meet the demands of democracy and the rule of law, as stipulated in Article 1 of the Romanian Constitution, or the demands of Romanians, who want an independent judiciary, impervious to external influences and based on the law”.




    Notifying the Venice Commission, in addition to calling on the Constitutional Court to re-examine the new laws, is important, given the major role of this European institution, which for nearly 30 years has been contributing to developing a common constitutional framework in Europe.




    The Venice Commission has been helping states harmonize their judicial and institutional structures with the international standards and best practices in the field of democracy and human rights, including by providing them with emergency constitutional aid, the President went on to say. Klaus Iohannis has called on the Constitutional Court to take its time before issuing a ruling on the laws and work together with the Venice Commission.




    In turn, the ruling coalition claims the president wants to slow down the implementation of the justice laws and accuse him of being driven by election interests. The right-wing opposition has hailed the president’s choice to refer the laws to the Constitutional Court and the Venice Commission and is calling for the resignation of the Justice Minister Tudorel Toader.


  • April 4, 2018

    April 4, 2018

    PROTOCOLS — The Superior Council of Magistracy, the High Court of Cassation and Justice and the Judicial Inspection Corps have signed protocols with the Romanian intelligence structures- Bucharest sources say. Representatives of the Superior Council of Magistracy signed a protocol with the Romanian Intelligence Service, SRI, in 2012, but it was terminated in 2017. In its turn, the Judicial Inspection Corps signed a similar protocol in 2016, just like the High Court of Cassation. These clarifications are made public in the wake of a scandal which broke out last week, following the publication of a protocol signed in 2009 by the Romanian Intelligence Service and the Office of the Prosecutor General, based on which SRI had provided assistance to prosecutors for seven years.



    MOTION – The simple motion initiated by the National Liberal Party, in opposition, against the Culture Minister, George Ivaşcu, has been rejected today in a plenary session of the Chamber of Deputies with the Romanian Parliament, just a day after the document was debated in a plenary session of Parliament. The Liberals deplore what they call negligence in preparing the events devoted to the 100th anniversary of the Great Union and voice concern about the Government’s inability to properly organise the December 1 celebrations. They also say a public debate meant to find solutions and reconsider a national plan devoted to the Great Union Centennial is needed. In response, the Culture Minister, George Ivaşcu, gave assurances that he is constantly concerned about how to efficiently organise the celebrations devoted to all Romanians.



    CENTRAL BANK — The National Bank of Romania has today decided to maintain the monetary policy interest rate at 2.25%, against the expectations of most analysts, who anticipated an increase in figures. The central bank has also decided to maintain the earned deposit interest rate at 1.25% per year and the credit interest rate at 3.25% per year. The Board of Directors of the National Bank of Romania has also decided to maintain the current level of the mandatory minimum reserves for liabilities in the national currency, the leu, as well as in hard currency for crediting institutions.



    UNEMPLOYMENT – The unemployment rate in Romania in February stood at 4.6%, the same level as in the previous month, a communiqué issued by the National Institute of Statistics shows. The number of the unemployed stood at 419,000 people in February, lower than in the previous month. In terms of gender, the unemployment rate among men exceeded by 0.8% the rate among women, standing at 4.9% in the case of men, and at 4.1% of women, respectively.



    ENCYCLOPAEDIA — A digital encyclopaedia devoted to outstanding personalities and historical moments which paved the way for the Great Union of December 1918 has been launched in Bucharest. It contains rare photographs, video clips and 3D images featuring significant historical moments. The “Romania 1918” app can be used free of charge and can be downloaded from the web. The encyclopaedia is available in Romanian and English, with a French version being under construction.



    FRENCH RAILWAY NETWORK DISRUPTION France’s rail traffic has been severely disrupted today, as a wave of strikes against President Emmanuel Macrons labor reforms gets under way. The unions say some of the plans to overhaul the French state railway, SNCF, would allegedly lead to redundancies and limit the current rights of the railway staff. If no solution is found to the issue, the strike might continue until the end of June, with traffic being severely disrupted for more than 30 days. Only one in seven high-speed trains, TGVs, and one in five regional trains will be running today, on an average.

  • February 26, 2018 UPDATE

    February 26, 2018 UPDATE

    ANTICORRUPTION — The head of the National Anticorruption Directorate, Laura Codruta Kovesi, on Tuesday is due to appear before the Superior Council of Magistracy, as a first step in the process Justice Minister Tudorel Toader has started with a view to removing Kovesi from office. The Council’s Prosecutors’ Department is expected to rule on the Justice Minister’s request. Under the law, the Superior Council of Magistracy is due to issue an opinion in this matter and refer it to President Klaus Iohannis, who will make a final decision. In another development, large-scale protests were staged in Bucharest and other large cities across the country against the Social-Democratic Party, the main coalition party in Romania, and against Justice Minister Tudorel Toader. The protests started on Thursday evening, in the wake of a report Toader presented to the media, whereby he started proceedings to having Kovesi removed from office. Toader accused Kovesi of overstepping the bounds of her authority, getting personally involved in some of the pending cases and of not investigating certain prosecutors suspected of having abused their position. The Justice Minister also claimed that the National Anticorruption chief defied Parliament’s authority on numerous occasions and challenged rulings of the Constitutional Court. Backed by the Parliament majority held by the Social-Democratic Party and the Alliance of Liberals and Democrats, Toader’s report has been harshly criticized by the right-wing opposition.



    FAC – Romanian Foreign Minister Teodor Melescanu on Monday took part in Brussels in the monthly meeting of the EUs Foreign Affairs Council, where he discussed with his counterparts the situation in the Republic of Moldova, the crisis in Venezuela, and the Middle East peace process. On this occasion Minister Melescanu hailed the progress Moldova has reported, reiterating Romania’s full support for the EU integration of its neighbor state. On the sidelines of the Council meeting, the Romanian Foreign Minister chaired the meeting of the Group for Moldova’s European Action, with Moldovan Foreign Minister Tudor Ulianovschi as special guest. On Tuesday, Romanian Prime Minister Viorica Dancila will travel to Moldova to discuss with her counterpart Pavel Filip the bolstering of cooperation between the two states.



    RULING — The High Court of Cassation and Justice in Bucharest Monday ruled against a request from the National Anti-Corruption Directorate to re-open an investigation which may involve Social Democratic Deputy Prime Minister Paul Stanescu. Judicial sources claim that the case started from a memo issued by the Court of Accounts regarding embezzlement involving the county council of Olt county, which Stanescu was head of between 2008 and 2016, with the fraudulently obtained funds allegedly being used to finance a soccer team. The official said he would resign if he is indicted in this case.




    WEATHER — Bucharest and 27 counties, mostly in the east and south of Romania, are under extreme cold weather warning until March 1. In these areas, low temperatures will be around the record lows registered in previous years. Maximums will frequently fluctuate between -12 and -8 degrees Celsius, with minimums of -22 and -12 degrees. Thousands of intervention workers have been mobilized in case of emergencies. Traffic has been cut off by snow on two national motorways in the south, and three Black Sea ports have been shut down by strong wind.



    VISIT — Romanian Defense Minister Mihai Fifor is on a three-day official visit to Israel, invited by his counterpart, Avigdor Lieberman. The main points on the agenda are defense cooperation and the security situation worldwide. This year, Romania and Israel celebrate 70 years of continuous diplomatic relations.



    FLU — The flu has killed 57 people in Romania this season according to the latest toll published by the National Centre for the Supervision and Control of Communicable Diseases. 800 people have the flu virus, mostly in Bucharest and the counties of Constanta, in the south-east, Brasov, in the centre, and Iasi, in the north-east. The authorities advise people to get vaccinated, and the health ministry says around 80,000 vaccine doses are still available. So far 920,000 have received vaccination. The healthcare minister Sorina Pintea says Romania is not faced with a flu epidemic.



    TENNIS — Romanian tennis player Simona Halep is back at the top of the WTA standings, published on Sunday, after five weeks of being second to Danish player Caroline Wozniacki. The latter replaced her after winning the finals in the Australian Open. Halep held the first place in the world between October 2017 and January 2018. Five other Romanians are in the top 100 in the world. Sorana Cirstea is up one place, to 35, Irina Begu went up two notches, to 36, and Mihaela Buzarnescu went up one place, to 38. Monica Niculescu went down three places to 72, and Ana Bogdan climbed one step, to 86.


    (Translated by C. Cotoiu & V. Palcu)

  • January 4, 2018 UPDATE

    January 4, 2018 UPDATE

    COUNCIL — Romania’s President Klaus Iohannis on Friday is attending the meeting of the Superior Council of Magistracy. The meeting will occasion the election of the president and vice-president of the Council and a review of the institution’s activity in 2017. We recall the recent modifications to the justice laws have been challenged both in Parliament by opposition parties as well as in the street by civil society, as well as some magistrates. The three laws referring to the statute of magistrates, judicial organization and the functioning of the Superior Council of Magistracy have been referred to the Constitutional Court by the National Liberal Party and the High Court of Cassation and Justice. The opposition believes the laws go against the Constitution and generate confusion. The most controversial point refers to the material accountability of magistrates, the setup of a special unit within the Prosecutor General’s Office charges with investigating justice-related crimes and the statute of the Judicial Inspection.



    RESERVES — The hard currency reserves of the National Bank of Romania amounted to 33.5 billion euros in December last year, over 430 million euros more than at the end of November, but almost 750 million less than at the end of 2016, the Central Bank has announced. The gold reserve has remained at almost 104 tonnes, accounting for over 3.5 billion euros. Experts say the reserves are at a comfortable level for the time being and recall that a large portion of the IMF loans went to increasing reserves, which leads to a boost in investors’ trust and the stabilisation of the Romanian economy.



    ELEANOR – Storm Eleanor, the fourth this winter to hit western Europe, with gales of up to 160 km/hour, has caused the death of three people and injured dozens others. Violent winds and rain have swept across France, Britain, Ireland, Switzerland, Germany, Belgium, the Netherlands and Spain. Airports were paralysed in France, railway travel disrupted and tens of thousands of homes were left without electricity. In Paris, Tour Eiffel was closed for several hours because of wind. Activity on the Schipol Airport in Amsterdam and the airports in Frankfurt and Zurich took place with difficulty. Road travel was suspended in some part of Germany, and a number of passes were closed in Switzerland. In the Netherlands, all the five big dams protecting the shores from the North Sea were temporarily closed for the first time to prevent floods.



    EXPEDITION –Romanian mountain climbers Zsolt Torok and Vlad Capusan on Thursday started a new expedition. They are seeking to become the first Romanians to summit the Cerro Torre peak in Argentina, an extremely difficult mountain top lying at an altitude of 3,100 m. Reaching this peak is considered one of the most important achievements in a climber’s career. The last big ascent on Cerro Torre took place in February 2013 by the Austrian climber Markus Pucher. In 2016, Zsolt Torok and Vlad Capusan were the first in the world to conquer a wild peak in the Himalayans. They were also the first to reach Peak 5.



    IRAN — The UN Secretary General Antonio Guterres called for further violence to be avoided in Iran and for all demonstrations to be peaceful. More than 20 people have been killed in Mashhad, in the north-east, since protests began on the 28th of December against economic hardships and corruption and then quickly spread across Iran. According to official data, 450 people have been arrested in Tehran and other several hundred in the rest of the country since Saturday night. The United States has again dismissed Tehran’s accusation that the country’s enemies are to blame for the wave of protests.



    TENNIS – Simona Halep and Irina Begu will face each other on Friday in the singles semi-finals in Shenzhen, China in a tennis tournament worth more than 600,000 dollars in prize money. In the quarterfinals, Simona Halep, who is world no. 1, defeated Arina Sabalenka of Belarus in straight sets, while Irina Begu, who is seeded fourth, has defeated Hungary’s Timea Babos. In the other semi-final, Russia’s Maria Sharapova faces the Czech player Katerina Siniakova. In the doubles, the all-Romanian pair Simona Halep and Irina Begu on Friday are playing the Russian-German pair Ana Blinkova and Nicola Geuer.



    HANDBALL — The Romanian men’s handball side on Friday is facing Bahrain in Calarasi, in the south, in the semi-finals of the Carpati Trophy. Tunisia face Portugal in the other semi-final. On Saturday, the losing teams will play the third-place play-off, while the winners will play for the trophy. The Romanian players, who are coached by the Spanish manager Xavier Pascual, are also training for the first round of the 2019 World Championship preliminary matches to take place between the 11th and the 13th of January in Bolzano, Italy, where they face Ukraine and the Faeroe Islands, as well as the host country. Only the winners of the six preliminary groups qualify for the World Championship play-offs in June this year.


    (Translated by C. Mateescu and V. Palcu)

  • December 21, 2017

    December 21, 2017

    DECEMBER 1989 – 28 years since the December 1989 anti-Communist
    Revolution, Romania’s president Klaus Iohannis has conveyed a message today,
    saying that in 1989, Romanians called for the fall of Communism, an urge that
    can still be heard today. This should be a warning to politicians, who have
    proven lately they are not willing to leave the past and its bad habits behind.
    Upholding the ideals of the anti-Communist Revolution means defending the rule
    of law, freedom and democracy and respect for citizens, wrote the president on
    a social network, stressing that the investigation of the Revolution Case File
    must be completed and the crimes and abuses perpetrated in 1989 must be
    punished. After four days of protests, which started in Timisoara on December
    16th 1989, during which dozens of dead and wounded were reported,
    the army joined the population and revolutionaries developed the first
    democratic platform. Started as a protest staged by citizens of Timisoara
    against an abusive measure taken by local officials, the revolution spread
    rapidly across the country, culminating on December 22nd with the
    presidential couple’s attempt to flee. More than 1,000 people died and some
    3,400 were wounded between the 16th and the 25th of
    December 1989. Romania was the only country in the Eastern Bloc where the
    regime was changed violently and its communist leaders were executed by firing
    squad.






    JUSTICE
    LAWS – The Romanian Senate, the decision making body in this matter, has today
    adopted the bill modifying the Law on the organisation and functioning of the
    Superior Council of Magistracy. This was the last in the justice law package
    that the Senators had to rule on, after the adoption of the ones on judicial
    organisation and the status of magistrates. The changes that the ruling
    coalition, formed by the Social Democratic Party and the Alliance of Liberals
    and Democrats, has brought to these laws have been vehemently criticized by the
    right-wing opposition and a large part of civil society. Moreover, hundreds of
    magistrates have protested in Bucharest and in other cities across the country
    against the way in which these changes have been brought, saying the process
    has lacked transparency.






    BUDGET
    BILL – The Romanian Parliament continues to debate today the 2018 state budget
    bill, which establishes the amounts allocated to ministries and the main credit
    authorizing bodies. The budgets of some of the most important institutions have
    been maintained as they were in the draft proposed by the government, as the
    amendments filed by the opposition were not voted by the majority. The budget
    was built on an estimated 5.5% economic growth rate, an average exchange rate
    of 4.55 lei for one Euro and a monthly salary of 565 Euro, as well as an
    estimated budget deficit standing at 2.97%
    of the GDP. The priority fields in 2018 are health, education and
    infrastructure. The right-wing parliamentary opposition has criticized
    Government’s measures, saying the structure of the budget is dangerous and will
    trigger an increase in the public debt.








    POLISH LAWS – The Polish president
    Andrzej Duda has promulgated two controversial laws, which give the government
    more power over the judiciary, right after the European Commission decided to
    activate art.7 of the EU Treaty, saying that the laws represent a high risk of
    violation of the rule of law. Brussels’s decision may leave Poland without the
    right to vote in the European Council. The first-vice-president of the European
    Commission Frans Timmermans has stated that it was the only option and Poland has
    three months to implement the recommendations issued by the Commission, and
    then the EU leaders would have to decide on penalty measures. France and
    Germany have announced they support the Commission’s decision, but Hungary has
    announced it might use its veto power to block what they termed an abusive
    sanction against a democratically elected government.




    CATALONIA – Five and a half million
    Catalans are called to the polls today to elect the members of the regional
    parliament. Currently, the region of Catalonia, one of the richest in Spain, is
    governed by the central government in Madrid, after the regional executive
    headed by Carles Puigdemont held on October 1st an illegal referendum that
    subsequently led to a unilateral declaration of independence. Today’s favorites
    are the Republican Left of Catalonia, whose leader, Oriol Junqueras, is in
    prison, for having organized the referendum, and Ciudadanos, a liberal party
    which supports Spain’s unity, whose main candidate is Ines Arrimadas. The
    candidate of the coalition Together for Catalonia, Carles Puigdemont, who is
    currently in Belgium, is wanted by the Spanish judiciary for rebellion and
    embezzlement. If he gets to Spain, he will be arrested right away.



  • Justice Minister presents plans to amend the laws on the judiciary

    Justice Minister presents plans to amend the laws on the judiciary


    On Wednesday, the Justice Minister Tudorel Toader presented before Parliaments special committee the bill modifying the laws on the judiciary. From the very beginning, this reform initiative has triggered harsh criticism from the opposition and civil society, with the president labeling it as “an attack on the rule of law”. The Superior Council of Magistracy has in turn issued a negative opinion on the initiative. The law would restrict the remit of the National Anticorruption Directorate, preventing it from investigating magistrates.



    Another change regards the way chief prosecutors are appointed. Under the new law a special unit responsible for investigating crimes perpetrated by magistrates is to be set up. Before the committee, Minister Toader presented a milder version of the law in what regards the appointment of high-ranking prosecutors, saying that he had referred the matter to the Venice Commission so as to reflect the recommendations stipulated under the Cooperation and Verification Mechanism (CVM) for Romania with respect to reforming the countrys judiciary and the fight against corruption. As regards the new Justice Inspectorate body, the line minister said the Governments bill provided for the setting up of this institution as a separate body.



    Justice Minister Toader has stated:


    “The Justice Inspectorate will not be subordinated to the Superior Council of Magistracy, nor to the Justice Ministry, but it will operate as an independent, autonomous institution in order to fulfill its constitutional mission”.



    Minister Toader went on to say that a special law regulating this new institution would be adopted within six months. As regards magistrates accountability, Tudorel Toader said judges will have patrimonial liability over any actions performed in bad faith. Liberal MP Catalin Predoiu from the opposition, a former Justice Minister himself, referred to the real stake of this legislative initiative:


    “This attempt at modifying the laws on the judiciary seeks to accomplish one single goal, namely to change the way high-ranking prosecutors are being appointed. Invoking the CVM to politicize the current paradigm, transferring the decision-making power to the Justice Ministry or who knows where else is merely a pretext for the Social-Democrats”.



    Next week, the bill will be debated by Parliaments special committee responsible for unifying and ensuring legislative stability in the field of the judiciary. Meanwhile, the High Court of Cassation and Justice has called on Parliament to send the bill back to the Justice Ministry, claiming the document was not elaborated in a transparent manner and that it violates the legal provisions regulating the mechanism of drafting and adopting new legislation. (translated by Vlad Palcu)




  • September 24-30

    September 24-30

    Bill to reform justice laws gets negative opinion from the Superior Council of Magistracy


    The Superior Council of Magistracy in Bucharest has given a negative opinion on a bill to amend the justice laws. The magistrates who voted against it say the bill is superficial and has not taken into account the proposals made by courts and prosecutor offices. Those who voted for the bill say this is the only way the legislation can be improved. Speaking after the Council vote, Justice Minister Tudorel Toader said some people do not want to reform the system, which, in his opinion, must be brought within the parameters of constitutionality. President Klaus Iohannis, however, said through a spokesman that the government and Parliament could not ignore the Councils opinion, despite it being only advisory. The Association of Magistrates in Romania says the negative opinion means the viewpoints sent to the Council from around the country could no longer be supported before the lawmaker. Controversial provisions of the new bill include the proposal that the president of the country should no longer be involved in the appointment of the heads of the National Anticorruption Directorate, the anti terrorism and organised crime body (DIICOT) and the Prosecutor Generals Office. Another provision that has sparked criticism was a plan to transfer the Judicial Inspectorate, the body that establishes infringements in the judicial process, from the control of the Superior Council of Magistracy, which is a professional body, to that of the Justice Ministry, which is a political body.



    The National Anticorruption Directorate launches investigations into Social Democrat officials


    Sevil Shhaideh, the Deputy Prime Minister and Minister for Regional Development, and Rovana Plumb, the Minister Delegate for European Funds, are under investigation in a corruption case. Prosecutors say that, following two government orders signed by Shhaideh as state secretary and Plumb as environment minister, sections of the River Danubes Belina Island and Pavel branch were illegally transferred from state property under the property of Teleorman County, the fiefdom of the current Social Democrat leader Liviu Dragnea. Despite calls on the two ministers to resign, the leadership of the Social Democratic Party has decided to give them full support.



    President Klaus Iohannis said the ministers targeted by the investigation of the National Anticorruption Directorate should resign or be sacked: “At best, the ministers in question should have resigned on their own accord. The other acceptable option is for them to have been sacked. The fact that the Social Democratic Party is closing ranks around them is not a good sign. I dont know whether the two ministers are guilty or not, and it is not for me or the Social Democratic Party to establish this. This is something for the judges to say.



    The opposition has also called for the resignation of the ministers involved in criminal investigations. The leader of the National Liberal Party Ludovic Orban emphasised that his partys MPs would vote yes to all requests made by prosecutors to allow the start of criminal investigations.



    Romanian-Ukrainian talks in Kiev on the new Education law in the neighbouring country


    Restricting the rights of some social categories does not reflect Ukraines European ambitions, says the Romanian Minister of Education, Liviu Pop, who has this week gone to Kiev upon the invitation of the Ukrainian side against the background of the promulgation of the new and controversial education law in the neighbouring country. The law stipulates that minorities can study in their mother tongue only in kindergartens and elementary schools. Romanian Education Minister Liviu Pop underlined in Kiev on Wednesday during the meeting with his Ukrainian counterpart Lilia Grinevich, the need for the rights of the Romanian minority to not be affected by the new education law in Ukraine. On this occasion he recalled that the Romanian tuition in Ukraine has a tradition more than 200 years old. Also on Wednesday, Ukraines embassy in Bucharest specified in a communiqué that the adoption of the new education law would not lead to the closing down of minority education institutions in this country. According to the same sources, Kiev will submit the law to the Council of Europe for assessment. The nearly half a million Romanians in Ukraine is the countrys second largest ethnic community after the Russian one.



    Strengthening cooperation in Europe


    EU countries must have access to at least three natural gas sources in order to be able to avoid any crisis, the European Commission Vice-President Maros Sefcovic, who is also in charge of energy and climate issues, has said in Bucharest. Together with Miguel Arias Canete, the European Commissioner for Climate Action and Energy, Sefcovic attended a meeting on the interconnection of natural gas networks entitled the Central and South Eastern Europe Gas Connectivity (CESEC). The European Commission Vice President has underlined that this is the best measure against energy shortage, which will lead to lower bills and improved environmental protection. In turn, the European Commissioner Miguel Arias Canete has announced the signing in Bucharest of a memorandum of understanding aimed at enlarging the cooperation area on the market for electricity, renewable sources and energy efficiency. In the opening of the event, Romanian Minister of Energy, Toma Petcu pointed out to regional cooperation, which would lead to an increased degree of stability for every country involved with the CESEC community. On the other hand, Minister Petcu announced that all the gas and electricity producers, suppliers and carriers are prepared for the winter season. Toma Petcu also added that Romania has the capacity to produce and provide electricity.

  • Reactions to the proposed amendments to the justice laws

    Reactions to the proposed amendments to the justice laws

    As expected by the media, the Superior Council of Magistracy on Thursday gave a negative opinion on a bill to amend the justice laws proposed by the Justice Minister Tudorel Toader. What came as a surprise for many commentators, however, is the tight result of the vote in the Council, which indicates deep divisions among its members. Ten of them voted in favour of a negative opinion and eight for a positive opinion, albeit with some observations.



    The objections of those who voted against are essentially related to several controversial proposals in the bill. These include the transfer of the Judicial Inspectorate under the control of the justice ministry, the elimination of the president from the procedure to appoint the chief prosecutors of the anticorruption and antimafia prosecutor offices, the interdiction to become a magistrate for legal professionals under the age of 30 and the creation of a specialised directorate to prosecute magistrates who commit crimes. The eight Council members who stood for a positive opinion blame the majority for hindering reform.



    Minister Toader, who did not attend the meeting of the Superior Council of Magistracy saying he did not wish to influence debates, later said some people do not want to reform the system, which must be brought within what he called the parameters of constitutionality. He also said he was convinced that the negative opinion also reflected a wish to maintain the current privileges enjoyed by magistrates. The Association of Magistrates in Romania has also criticised the negative opinion issued by the Council. The Association writes in a press release that under the circumstances, the viewpoints sent to the Council from around the country could no longer be supported before the lawmaker.



    President Klaus Iohannis, on the other hand, said, through his spokesman, that the Councils opinion, despite being only advisory, cannot be ignored by the government and Parliament. Speaking on behalf of the biggest party in the right-wing opposition, the leader of the National Liberal Party Ludovic Orban said the government should give up on all provisions in the bill in question, which he said limit the independence of the judiciary. The media and civic organisations view the vote in the Council as rather good news. They reflect the lack of confidence of a significant section of Romanian society in a government suspected of wishing to seize control of the judiciary and put the break on the fight against corruption.



    At the beginning of the year, an attempt by the government to amend the criminal codes through an emergency order triggered the biggest street protests in post-communist Romania. In Bucharest and around the country as well in the Diaspora, hundreds of thousands of people took to the streets blaming the government for trying to exempt from criminal accountability influential people from the world of politics and the administration accused of corruption. (Translated by C. Mateescu)