The Romanian Judges’ Forum Association took note of the publication of the Rule of Law Report 2024 by the European Commission on 24 July 2024.
This report does not objectively reflect the situation of judiciary in Romania, in the context in which, despite numerous calls made by judges’ associations and non-governmental organizations, the Venice Commission’s opinions to amend the laws of justice on issues essential for ensuring the independence of the judiciary are firmly denied, and the judgments of the Court of Justice of the European Union are not applied, issues tolerated without explanation by the authority that should be the guardian of the Treaties (especially of the provisions on the Rule of law, as developed in the recent case-law of the Court of Justice of the European Union).
Moreover, the European Commission itself, through numerous previous reports, has asked Romania to apply the opinions of the Venice Commission, before unilaterally closing the Cooperation and Verification Mechanism, which was mandatory and effective.
The European Commission does not seem to have any reaction to the interpretative decision of the High Court of Cassation and Justice No 37/2024, which is binding erga omnes, just like a law, and finds that the disapplying of provisions of national law falling within the standard of protection relating to the foreseeability of criminal law, requested by the Court of Justice of the European Union in its judgment in Case C-107/23 PPU, Lin, is not compatible with Article 7(1) of the European Convention on Human Rights and therefore the judgment of the Court of Justice of the European Union can never be applied in Romania.
In recent years, it is notorious that only through the effort of a part of the Romanian judges, individually or grouped in professional associations having European standards, systematically harassed, was achieved what the European Commission completely ignored; for example, the wave of referrals to the Court of Justice of the European Union in order to preserve the Rule of law.
In this context, as long as the real situations analyzed are not objectively reflected, the Romanian Judges’ Forum Association will no longer participate in any dialogue with the European Commission, refusing that the honorability of its members be used for political speeches and settlements.
The Romanian Judges’ Forum Association
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