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In an Opinion adopted today, the Council of Europe’s Venice Commission expresses concern that many draft amendments to the Criminal Code and the Criminal Procedure Code in Romania seriously weaken the effectiveness of its criminal justice system to fight corruption offences, violent crimes and organised criminality.

The Venice Commission recommends that the Romanian authorities conduct an overall re-assessment of the amendments in both codes through a comprehensive and effective consultation process in order to come up with a solid and coherent legislative proposal benefiting from a broad support within the Romanian society and taking fully into account the applicable standards, and to follow the guidance of the Constitutional Court. On 12 October the Constitutional Court of Romania established that over 60 articles of the draft law amending the Criminal Law Procedure were unconstitutional and is expected to examine the constitutionality of the draft amendments to the Criminal Code later this month.

The Commission also adopted with some amendments the preliminary opinion issued in July on three drafts laws amending existing legislation on the statute of judges and prosecutors, judicial organisation and the Superior Council of Magistracy. This opinion criticises that these laws would adversely affect the efficiency, quality and independence of the judiciary, with negative consequences for the fight against corruption. The three laws have already been promulgated and entered into force.

Read full press release: Proposed reform of criminal justice legislation in Romania weakens the fight against corruption and other serious crimes according to Venice Commission

Ferilskrá Herdísar

Ferilskrá Herdísar

Dr. Juris Herdís Þorgeirsdóttir er lögmaður í Reykjavík. Hún hefur víðtæka reynslu úr akademíu og atvinnulífi, starfar bæði hér og á alþjóðavettvangi. Hún var skipuð fyrsti prófessorinn við lagadeild háskólans á Bifröst 2004 og hefur einnig kennt við háskóla erlendis. Herdís lauk doktorsprófi í lögum með dr. juris gráðu (frá lagadeild Lundarháskóla 2003). Sérsvið hennar…

Curriculum vitae

Dr Herdís Thorgeirsdóttir is an attorney at law in Reykjavík. She was appointed professor of constitutional law and human rights at the Faculty of Law, Bifrost University in 2004. She is First Vice President of the Venice Commission (the Council of Europe Commission for Democracy through Law) since 2017. Since 2003 she has been a…