Iohannis asks CCR to set deadline for debate on amending Criminal Procedure Code after Venice Commission issues opinion

Romanian President Klaus Iohannis has asked the Constitutional Court of Romania (CCR) to set the deadline for the debate on amending the Criminal Procedure Code after Venice Commission issues its opinion.

“Considering the tradition of good cooperation between the Romanian public authorities and the European body that contributes to the development of a common constitutional patrimony in Europe and which supports states wishing to bring legal and institutional structures in line with international standards and good practices in the field of democracy, I am requesting that the term of the unconstitutionality debate be set so that the Venice Commission’s opinion can be capitalized”, the President’s letter to the Constitutional Court states.

The letter was sent by President Iohannis to the Constitutional Court President Valer Dorneanu.

The President has 33 objections of unconstitutionality regarding the amendments to the Code of Criminal Procedure, which refer to the article on banning public communications, the article on the defendant’s right to be aware of the date and time of the act of criminal prosecution, an article that states that the records made by the parties and the main procedural subjects are evidence of their own conversations or communications with third parties, and one article that says that records made by the parties and the main procedural subjects are evidence of their own conversations or communications with third parties.

The Secretary General of the Council of Europe made a statement on Thursday calling for Romania to wait for the Venice Commission’s opinion on the Criminal Code and Criminal Procedure Code before taking any further steps to pass the reforms proposed by the PSD-ALDE coalition.

On July 5, the Secretary General of the Council of Europe asked Romania to wait for the Venice Commission’s opinion on the amendments to the criminal codes. “This reform risks contradicting Romania’s international obligations, notably under the Council of Europe Criminal law Convention on Corruption, as identified by the recent ad hoc report of the Group of States against Corruption (GRECO). As a member State of our Organisation, Romania is duty-bound to uphold the rule of law. The Council of Europe will continue to pay close attention to the ongoing developments in Romania and we stand ready to provide further expertise if needed,” Thorbjørn Jagland argued.

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