Justice - Justiz - Giustizia

The Situation Regarding the Romanian Judicial System at the End of 2018

  • Auteur-e-s: Dragos Calin / Anca Codreanu
  • Catégories d'articles: Forum
  • Proposition de citation: Dragoș Călin / Anca Codreanu, The Situation Regarding the Romanian Judicial System at the End of 2018, in : «Justice - Justiz - Giustizia» 2019/2
In this article we will present the state of facts concerning the Laws on Romanian Judiciary, the repeated and unprecedented attacks on the judges and prosecutors in 2018 and how some of the amendments of the Criminal Code and Criminal Procedure Code adopted by the Romanian Parliament contravene the Rule of Law. In a broader context this article is referring to a development which has been taking place for some years in some European countries: the constant degradation of the third state power, the dismantling of an independent and neutral judiciary, by government and legislature – thus endangering the Rule of Law.

Table of contents

  • 1. Abstract
  • 2. The Laws on the Judiciary
  • 2.1. Attacks on the Judges and Prosecutors in 2018
  • 2.2. The Emergency Ordinance nr. 92 and the Preliminary Opinion of the Venice Commission
  • 2.3. The Criminal Procedure Code
  • 2.4. The Criminal Code
  • 2.5. The New Provisions in the Public Context
  • 3. The Opinion of the Venice Commission
  • 4. Conclusion