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Romania’s tug of war over rule of law nears the line

Ersin Çelik
10:16 - 21/10/2018 Sunday
Update: 10:25 - 21/10/2018 Sunday
REUTERS
Romanian Justice Minister Tudorel Toader
Romanian Justice Minister Tudorel Toader

Checks And Balances

Romania's centrist president was forced to sign the Social Democrats' overhaul of the judiciary into law this month after he used up his chances to object. It removes his veto rights on appointing top prosecutors, one of the key checks and balances.

Toader's nominee to replace Kovesi at the head of anti-corruption unit DNA has raised concerns she might be soft on high-level crime.

In August, riot police fired tear gas into the crowd at an anti-government rally and beat protesters holding their hands up.

An existing judicial inspectorate, whose chief Toader has kept on after his mandate expired, has been investigating magistrates at a rapid pace. Many of those probed have criticized the legislative changes.

U.S. ambassador Hans Klemm told law students this month the judicial overhaul "creates greater opportunities to coerce and punish troublesome magistrates."

"Cloaked in the mantle of concern for due process and human rights, some of these changes are a clear attempt to protect vested interests from an independent judiciary," he said.

The ruling party does not always succeed. This month, the Constitutional Court struck down most of alterations to criminal procedures that were challenged and which would have raised the burden of proof on all criminal investigations.

The Court will discuss challenges brought against proposed changes to the criminal code on Oct. 24.

The Social Democrats have said their legal initiatives aim to align legislation with EU norms and address abuses, citing acquittals by higher courts, although these are rare, and corruption investigations against some prosecutors.

Dragnea has also said that Romania's Secret Service (SRI), which has been gathering wiretap evidence for prosecutors based on court warrants, has been abusing its powers, faking evidence and illegally intercepting "millions of Romanians."

He said either parliament or government should pass a bill to retroactively cancel wiretap evidence. That would jeopardise hundreds of verdicts ranging from corruption to human trafficking and potentially Dragnea's cases as well.

DNA said that just over 36,000 people, not millions, have been wire-tapped since 2005.

"When the dust settles," the anti-corruption prosecutor said, "it will take years to figure out how these laws were changed and what is left."

#Romania
#European Union
#Tudorel Toader
#Brussels
#Augustin Lazar
6 years ago