JusMin Toader on EU Directive regarding the benefit of the doubt: There is a risk of infringement

Minister of Justice Tudorel Toader on Tuesday explained that, in case that the European Directive on the benefit of the doubt isn't transposed into the Romanian legislation, there is the risk of infringement, considering that the deadline is April 2018, and he also added that the Government might also issue an Emergency Ordinance for this.

"Directives must be transposed correctly and in due time. However, unfortunately, this process fails. Unless we do this in due time, we risk facing infringement. And with respect to this Directive, we actually risk this, for the deadline is April 2018. There were cases before when the Government adopted a GEO to transpose an European Directive in due time and avoided infringement. The procedure of adopting an emergency ordinance was criticized with the Constitutional Court, with critics saying that it should have been adopted a law. The Court established that the emergency of adopting and emergency ordinance for transposing in due time a directive, in the context in which the lawmaker fails to have it passed as a law, was justified," Toader said in Parliament. 

When asked whether the Government could assume responsibility for this, he said: "Of course that it can. I hope that the Parliament will pass the law. If not, the Government will issue an emergency ordinance." 

Tudorel Toader participated in the general debate in the special committee led by Florin Iordache on the issue of modification of criminal codes, in view of transposing the European Directive regarding the benefit of the doubt.