Loading ...Romania needs legislative stability chiefly with respect to the fundamental human rights, which are set in the European Human Rights Convention, chairman of the Upper Council of the Magistrates (CSM) Virgil Andreies has told. He stressed there is a large number of rulings passed by the European Court of Human Rights condemning Romania, with a majority of such rulings being related to a lack of stability of the Romanian property laws.
'Such laws, as they were drawn up by the Romanian Parliament and changed a lot of times, have been drawn up in violation of article 1 of Protocol 1 that guarantees one of the fundamental human rights – the ownership right. I think it is high time we become aware that Romania needs stability particularly on issues related to the fundamental rights set in the Convention', the CSM head said.
Andreies announced that the lawsuits related to ownership hold a large share in the Romanian courts and added that any relevant legal modification had resulted in some 3 to 4 million new files in the system. 'Romania was also condemned for the lack of judicial safety with respect to the ownership rules. One of the principles ruling the ownership right is that it indefeasible, but the post-1990 Romanian legislation has ignored such principle as it has also ignored the European Convention's provisions on this fundamental right', he said.
Andreies spoke about the solutions the CSM has to unify the judicial practice, but he admitted that no matter how much effort the judicial system makes for an even judicial practice, such goal will be very difficult to attain 'if we keep on functioning in this legal jungle'. On the other hand, he said the CSM will never accept that the Judicial Inspectorate be again made responsible to the Justice Ministry.
'We'll never accept that the Judicial Inspectorate be again made responsible to the Justice Ministry, since we believe that the Justice Ministry, as being a part of the Executive, would interfere, via the Judicial Inspectorate, with the activity of the courts and prosecutor's offices and notably with the magistrates' career', Andreies pointed out.
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