Amendment of Constitution endorsed at second attempt


The bill to amend the Constitution was adopted by the votes of 86 MPs after being given a second, final reading. The bill was passed at the second attempt by raising hands after the first attempt failed due to a technical glitch of the electronic voting system. The votes were given by the PAS and BCS MPs. The MPs of Șor Party abstained, IPN reports.

After the bill was adopted, BCS MP Vlad Batrîncea congratulated Parliament and the whole society on the amendment of the Constitution, which was done in accordance with the recommendations and the opinion of the Venice Commission. He also congratulated the ex-minister of justice who worked on this bill and asked the parliamentary majority to respect the same approach in relation to the law on the prosecution service and other planned reforms, which is by making sure that the necessary appraisals and expertise are in place and by respecting all the procedures.

The bill to amend the Constitution excludes the initial appointment period of five years in the case of judges. This way, the judges of courts will be named to posts up to the age limit by the President, at the suggestion of the Superior Council of Magistracy. The President can reject the candidates proposed by the Council only once. The judges of the Supreme Court of Justice will be named in the same way as the judges of common law and appeals courts, by the President, at the suggestion of SCM. Now the judges of this court are nominated by Parliament.

The bill also excludes the condition to have at least ten years’ seniority as a judge in the case of the president, vice presenter and judges of the Supreme Court of Justice. Also, the judges will enjoy functional immunity only, in accordance with the legal provisions.

Under the bill, the prosecutor general and the minister of justice will be excluded from the composition of SCM. This will consist of 12 members: 6 members from among judges and 6 members from among non-judges, selected by Parliament.

The decision on a constitutional bill that is given a first reading is adopted by Parliament by a majority of votes of those attending. In the final reading, the bill is adopted by the votes of two thirds of the elected MPs.