The Social Democrat-led government has adopted a decree limiting the President’s authority in justice matters – and which will force out many younger prosecutors under new, stricter work experience criteria.
Romanian prosecutors have slated a decree adopted on Monday by the Social Democrat-led government meant to “correct” a set of justice laws passed by parliament but criticized by the European Commission and civil society as damaging to the rule of law.
The set of three laws regulating the statute of magistrates as well as the organization of several institutions in the justice system – and curbing the President’s role in appointing chief prosecutors – was reluctantly promulgated by President Klaus Iohannis last week, after the Constitutional Court rejected his appeal.
The new decree also increases the required experience that prosecutors must have to work in the National Anti-Corruption Directorate, the organized crime department or the military prosecutor’s office, from eight to 10 years to 15 years.
Prime Minister Viorcia Dancila told the cabinet on Monday that the decree was adopted after consultations with European Commission vice-president Frans Timmermans and the Venice Commission.
Attorney General Augustin Lazar said on Monday that the decree would affect many investigations because many young prosecutors in the anti-corruption directorate and the organized crime department had less than 15 years of work experience.
“It’s difficult to imagine how these cases that everybody wants finalized will be solved, so that Romania does not pay huge amounts after rulings of the European Court of Human Rights,” Lazar said.
Among the cases affected by the decree is the probe into the police’s use of violence against protesters on August 10 as well as the 1989 Revolution case, which has been dragging for almost three decades.
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