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COMISIA DE LA VENEȚIA ESTE DE ACORD CU DESFIINȚAREA SIIJ

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COMISIA DE LA VENEȚIA ESTE DE ACORD CU DESFIINȚAREA SIIJ

Comisia de la Veneția a răspuns solicitării venite din partea ministrului justiției privind proiectul de lege de desființare a Secției pentru Investigarea Infracțiunilor din Justiție. Comisia de la Veneția salută inițiativa autorităților din România de a reforma sistemul judiciar și refacerea competenței pentru DNA și DIICOT. În răspunsul Comisiei de la Veneția se scrie foarte clar că amendamentele parlamentului ar trebui eliminate pentru că introduc o super imunitate pentru procuri și judecători, iar CSM își depășește competența.

68. The Venice Commission welcomes the Romanian authorities’ intention to reform the

judiciary and to restore the competence of the specialised prosecutors’ offices such as the

DNA and DIICOT and understands that the first urgent step in this wider reform is to dismantle

the Section for the Investigation of Offences committed within the Judiciary (SIOJ).

69. To this end, the Venice Commission has been requested to prepare an opinion on the

draft Law for dismantling the Section for the Investigation of Offences committed within the

Judiciary (as adopted by the Government) and the amended version of the draft Law for

dismantling the Section for the Investigation of Offences committed within the Judiciary, as

well as for the amending and completing some normative acts in the field of justice (as adopted

by the Chamber of Deputies) – which are the focus of this opinion.

70. In this context, the Venice Commission’s key recommendations are as follows:

– Article 4 of the Amendments of the Chamber of Deputies introduces a new type of

inviolability for judges and prosecutors within the framework of a highly sensitive field

(criminal prosecution) which goes far beyond functional immunity and should therefore

be removed.

– Article 6 of the Amendments of the Chamber of Deputies (in line with Article 4) provides

for a new competence of the SCM by giving the relevant section of the SCM the exclusive

competence to decide on actions in criminal matters against judges and prosecutors,

which should not be pursued. Criminal proceedings that fall outside the remit of functional

immunity should not fall within the competence of the SCM and should be brought directly

before the courts of law without the SCM’s prior screening.

– Vexatious complaints (often criminal complaints) by private individuals against judges and

prosecutors should be dealt with by the ordinary prosecutorial service. This issue is to be

regarded as an urgent matter in need of reform.

71. Overall, the Amendments by the Chamber of Deputies raise many doubts as well as both

substantive legal and procedural questions. They address the systemic organisation of the

judiciary and are of such importance that, if they were to be pursued, they should undergo a

proper, full legislative procedure. However, the Venice Commission recommends that these

Amendments by the Chamber of Deputies be set aside completely.

72. The Venice Commission would like to stress that, as the dismantling of the SIOJ is only

the first step in this reform, it would like to encourage the Romanian authorities to continue

with their wider reform and remains at their disposal for any further assistance they may

require.

Răspuns Comisia de la Veneția

Comisia de La Venetia Sectia Speciala by Ultimedia on Scribd

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