The Bucharest Court of Appeal (CAB) ruled on Monday to annul a decision by Ilie Bolojan to establish a committee tasked with analyzing justice laws at Victoria Palace. The court’s non-definitive decision follows a previous intervention by the High Court of Cassation and Justice, which suspended the committee’s activities in March due to concerns regarding the separation of powers.
Why did the Bucharest Court of Appeal annul the committee?
The court’s decision centers on the legal framework governing the executive branch’s oversight of the judiciary. According to the ruling, the court rejected several exceptions raised by the Prime Minister’s Chancellery and the government, ultimately finding in favor of the Coalitia pentru Apararea Statului de Drept (Coalition for the Defense of the Rule of Law). The organization, led by lawyer Elena Radu, had challenged Decision no. 574/19.12.2025, which created the committee to analyze and revise justice legislation.
The CAB’s ruling compels the Prime Minister to cover 120 lei in court costs. While the decision is subject to an appeal within 15 days, it reinforces the judiciary’s stance that executive bodies may overreach when attempting to unilaterally review judicial processes.
What were the concerns regarding the separation of powers?
The High Court of Cassation and Justice previously scrutinized the committee in March, citing a “possible abuse of power” in how the group was formed and operated. The High Court stated that the committee’s existence raised “serious questions” about the legality and the constitutional principle of the separation of powers between the executive and judicial branches.
How does this ruling impact future legislative reviews?
This development limits the government’s ability to create internal committees to reform the judiciary without explicit legal backing. The committee, which included permanent representatives from both the Prime Minister’s Chancellery and the Ministry of Justice, now faces an uncertain future. Legal experts note that the court’s focus on “procedural capacity” suggests that future government efforts to influence justice policy must strictly adhere to existing statutes rather than relying on executive orders.
Frequently Asked Questions
Is the Bucharest Court of Appeal decision final?
No. The decision is not definitive and can be challenged via an appeal within 15 days of its communication.
Who challenged the formation of the committee?
The challenge was filed by the Coalitia pentru Apararea Statului de Drept, an organization led by lawyer Elena Radu.
Why was the committee created in the first place?
According to reports, the committee was established to analyze justice laws following public allegations regarding misconduct in courts and prosecutor’s offices.
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