The controversial bill brought forth by the ruling PSD-ALDE coalition was narrowly passed with 167 votes for, 97 against and 19 abstentions. The coalition needed at least 165 votes to pass the bill, with nine MPs representing national minorities and one opposition MP voting in favor of the initiative.
Following the vote, opposition PNL and USR parties announced that they will challenge the law at Romania’s Constitutional Court, accusing the ruling party of changing judicial laws to favor prosecuted politicians and businessmen.
“We will use all of our leverage, the Constitutional Court, the president, even the court. We will use all of this leverage because we are on the right side of history,” said USR MP Stelian Ion after the vote.
Also in the aftermath of the vote, Adrian Mocanu, the sole opposition MP who supported the bill, was publicly excluded from his PMP party by its group leader Eugen Tomac.
The bill, which changes provisions of Romania’s Criminal Code, was criticized both internally and internationally for its potential to affect the fight against corruption in the country.
The draft law changes the legal definition of the offense of abuse of office, which is now only applicable in cases where there are proven benefits for the culprit or for his relative up to second degree, and if damage is greater than Romania’s monthly minimum wage.
It also decriminalizes negligence in office for public servants and restrict the definition of an organized criminal group.
Florin Iordache, chair of the parliamentary committee that drafted the law, claims that the bill applies decisions of the Constitutional Court and serves to stop possible judicial abuses.
“We wanted to eliminate the possibility of abuses, we aimed so that citizens who were abusively dragged in courts for years and then were acquitted to not have the presumption of being guilty” stated Iordache on Monday, following the final vote on the law in the committee.
Romania’s General Prosecutor’s Office criticized the bill on Tuesday, claiming that it violates provisions of the UN Convention against corruption, and that it drastically restricts the applicability of certain offenses, which have been the subject court cases with billions of RON state damages in the last couple of years.
On June 28, twelve partner states of Romania – including the US, Germany and France – issued a joint statement urging the Parliament not to weaken the rule of law in the country whilst modifying the criminal codes.
The bill will be sent to President Klaus Iohannis to be signed into effect, pending challenges.
Romania’s Parliament has tried to pass in the last couple of months judicial reforms amending, among others, the country’s criminal codes, but have faced constitutional challenges from the opposition and President Klaus Iohannis.
The laws have been contested by political opposition and civil activists, who claim they weaken the country’s judicial and favor politicians investigated or convicted of corruption charges, including ruling party leader and Lower Chamber chairman Liviu Dragnea. The latter was recently sentenced to three and a half years in prison for instigating abuse of office, with the decision not being final and pending an appeal.
Members of the ruling PSD-ALDE coalition claim that the reforms are necessary to avoid judicial abuses against politicians and to put current laws into accord with Constitutional Court decisions.