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Justice Minister Predoiu: Senate needs to validate the 8 magistrates legally elected by the Superior Council of Magistracy / Any other decision would be contrary to the Constitution

de A.C.
Luni, 14 februarie 2011, 15:00 English | Top News

​Justice Minister Catalin Predoiu declared on Monday that the validation of the eight members, legally chosen by the Superior Council of Magistracy is the only legal option of the Senate, following the Constitutional Court’s decision to urge the Senate to approve the elections in the Council. Any other decision would be contrary to the Constitution, Predoiu said. Last month the Court invalidated, at the request of Democratic Liberal Party the candidatures of three judges and one civil society representative. The necessity of the functioning of the Council was invoked by members of the state considering that the European Commission will release the interim report on Romania’s justice system. 

Justice Minister Catalin Predoiu’s main statements  

  • The validation of the Superior Council of Magistracy’s elections is the onlye legal decision the Senate can make  
  • Any other solution against the decision of the Constitutional Court would be contrary to the Constitution  
  • I urge the Senate to implement the Court’s decision  
  • The validation of the eight magistrates will allow the Council to function normally and will shatter any uncertainty on the conduct of justice  
  • Any delay would undermine the trust in the Superior Council’s institutional ability, would nurture speculations that the activity of the Council is blocked for political reasons and would creates the premises for an institutional blockage  
  • We heard about the talks on the possibility to postpone the validation or invalidate the whole list until a decision of a court rules on the appeal formulated by an ineligible candidate prior to the decision of the Court. 
  • Such a situation would counter the Constitutional Court’s decision creating a pretext to ignore its decision  
  • Such a scenario would have negative effects on our credibility as a EU member state  
  • This is a very important moment in our relation with the EU and its member states and we need to think about it on the longer term, on all political levels including the legislative and the executive ones  
  • The situation created nurtures concern regarding the judicial system  
  • I trust that the Senators will leave aside their political disputes and will implement the Court’s decision by validating the eight legally chosen Superior Council of Magistracy members

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