Venice Commission, discussions on amending the Constitution

Representatives of the Venice Commission discussed on Friday morning, with the members of the Association of Magistrates about the constitutional revision.

The main topics focused the independent status of prosecutors and magistrates material liability.

According to Association President Judge, Dan Spanu, Commission representatives raised the issue of independence of the prosecutor which is not found in the new Basic Law.

In relation to material liability of judges, the Venice Commission had a different view of the Committee to review the Constitution.

"There is the opinion of the Venice Commission, that this introduction within the Constitution, the fact that the judge is materially responsible in all cases is not welcomed.
We want the judge’s accountability, we want prosecutor’s accountability, but under certain conditions, when in bad faith a judge or a prosecutor makes mistakes, judicial errors then sure he must respond in these situations”, said the president of the Association of Magistrates, Dan Spanu.

Venice Commission members discussed the material responsibility of magistrates also with representatives of the National Union of Jurists.

"We believe that is not the case that in the Constitution to be detailed aspects of the procedure by which the magistrate will materially respond in recourse action for judicial errors," said Natalia Roman, president of the Union.


Translated by Alexandra-Diana Mircea
MTTLC, Bucharest University