US Ambassador Klemm says amendments in Justice threaten to turn back clock to 2000s

Ambassador of the US in Bucharest Hans Klemm stated on Monday at the Faculty of Law that the latest changes cumulated in the Romanian justice legislation threaten to turn back the clock to the early 2000s, a period marked by corruption in Romania. 

The diplomat participated in the opening ceremony of the academic year, alongside Ambassador of France in Bucharest Michele Ramis. He talked about the amendments to the Criminal Code and the Criminal Procedure Code, about the changes made to the Judicial Inspection, but also about the protests of the Romanian magistrates regarding these amendments, that were "unimaginable" in the past. 

Klemm stated that for the magistrates who weren't intimidated the new legislation provides many opportunities for the coercion and punishment of magistrates who cause a commotion, through a stronger Judicial Inspection and a newly created bureau designed only to punish judges and prosecutors. 

In this context, the US diplomat pointed out that these cumulative changes threaten to turn the back the clock to the early 2000s when Justice was affected by corruption and political influence. 

He went on saying that the progress made by the Romanian justice is also threatened by the amendments brought to the Criminal Code and the Criminal Procedure Code passed by Parliament this summer, adding that these amendments seem to have been created in order to throw Romania back to the early 2000s. 

He stressed that these amendments which are disguised in the concern towards the equitable trial and the human rights are a clear attempt to protect certain interests from an independent Justice. Promulgated in the the current draft, said the US Ambassador, these amendments will make the investigation and punishment of an offense, starting from homicide up to organised crime, to be cumbersome or impossible.

According to Klemm, in this context, the international cooperation in the Justice area will be significantly reduced due to the concerns related to sharing pieces of information with Romania. 

He said that Parliament has closed by aiming to make these modifications. The US Ambassador went on saying that the Romanian Parliament ignored, by motivating a need to act swiftly and the fact that a consultation with all the actors involved would already have happened, the views of the Superior Council of Magistracy, a petition signed by the majority of magistrates and the written instructions of some experts of the Venice Commission, the European Commission and the Group of States Against Corruption (GRECO). 

However, he stated that there are signs of hope in the Romanian Justice, taking into account that the Romanian magistrates seem to have reached a level of maturity, confidence and independence from which they will not easily allow a regression of the judiciary. The magistrates protested against the amendments of the legislation that concerned their profession in a manner that would have been unimaginable over a decade ago, he pointed out. 

The diplomat added that there have been magistrates who have been "attacked" because of their gesture, who have been told that their behavior is an unacceptable political activity, who have been threatened to be penalised, but they continued to make their views known. 

The Ambassador spoke about the current stage of the Romanian Justice. The pointed out that since joining the EU, over one decade ago, Romania's judiciary system has never been confronted with such an intense debate and such a great potential for change. 

In his view, the judicial system that was built with great effort, over two decades, could be significantly dismantled in less than one year. 

He asked the students if they will have the motivation and courage to protect and improve the judicial system of Romania. He went on saying that it is not a decision without a cost in their personal life, even if it would be easier to get in line with those in power than to act with integrity and courage.