President Klaus Iohannis has sent back to parliament for reassessment the controversial bill which changes the Superior Magistracy Council (CSM) law, according to a press release of the presidency.

Iohannis refused to promulgate the bill because the changes affect CSM’s activity and its constitutional role of guaranteeing justice independence. The bill also has contradictory and unclear provisions, uncorrelated regulations and inexistent references, the release said.

The president mostly criticized the changes targeting the appointment procedures of prosecutors and judges.

However, it is unlikely that the MPs would consider the president’s remarks, so the bill would very probably remain the same. The president can refuse to promulgate a law only once.

The bill changing CSM’s law is one of the three intensely debated justice law changes approved at end-2017. All have been appealed at the Constitutional Court (CCR), which ruled them as partially unconstitutional. The MPs made some adjustments, but several disputed provisions remained in place.

The president and the opposition have asked the Venice Commission to assess the bills too. Iohannis has asked the Venice Commission to issue an opinion on these laws as soon as possible as their enforcement in the form adopted by the Parliament will have a negative impact on the independence of the local justice system.

Promulgation refusal is Iohannis’ last way to stop or delay their enforcement.

editor@romania-insider.com