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STATEMENT BY THE PRESIDENT OF THE VENICE COMMISSION IN SUPPORT OF THE CONSTITUTIONAL COURT OF ROMANIA

04/07/2012

I have learnt with deep concern of various attempts to exercise pressure on the Constitutional Court of Romania and to undermine its independence. The Constitutional Court has sought the Venice Commission’s support in this respect.

The Venice Commission has repeatedly stressed the fundamental role of the constitutional court as a guarantor of the state’s constitutional order and of fundamental rights. A constitutional court which takes this role seriously sometimes has to make decisions which are not welcome to the majority of the day. Its legitimacy to do so is directly derived from the Constitution. This has to be accepted by the other organs of the State and can in no way justify any interference with the independence of the Court.

I recall that the independence and the irremovability of the judges of the Constitutional Court are guaranteed under Art. 145 of the Constitution of Romania.

Representatives of the ruling coalition have now declared that there is no intention to implement measures which could threaten the independence of the Court and its judges.

I call on Romania, which is a member state of the Venice Commission and of the Council of Europe as well as of the European Union, to fully respect its Constitution and the international standards on the independence of the judiciary and the rule of law.
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