Country Watch
an Commission’s interim report on the country’s judicial system in February, can also be placed as influencing the denial of Romania from joining the European Union’s Schengen system.
The European Commission in its latest report through the Co-operation and Verification Mecha- nism (MCV) was demanding Romania to prove real progresses in reforming justice system, re- peatedly calling on the government to put more efforts into enacting judicial reforms in order to be admitted to the visa free-zone.
Together with Bulgaria, the country has been blocked from joining the passport-free Schengen zone as many countries protested and expressed their concerns about insufficient anti-corruption efforts and failure to enforce the judicial system. Warnings came from many European countries such as The Netherlands, Germany, Spain and France, worried about distortions in Romanian border controls due to corruption phenomena.
20
Romanian analysts and the international press say putting a high profile politician behind bars would
reveal the Romanian government’s commitment to fight corruption in the country and sends a sig- nal that Romania is getting serious on improving the country’s image abroad.
*Submitted by Giuliana Quattrocchi
French Genocide Denial Ban Ruled Unconstitutional
In February 2012, the French Constitutional Coun- cil deemed unconstitutional a bill, recently ap- proved by both houses of the French parliament, which would have criminalized the act of denying an officially recognized genocide and punished such act with up to a year in prison and a maxi- mum fine of 45,000 Euros. In a short statement released on its website, the Council indicated that the controversial law violated the freedom of ex- pression guaranteed by the nation’s Constitution. The Council’s decision invalidates the law in its current form, and the possibility of an appeal does not exist except in cases alleging material error.
The Constitutional Council, a court that convenes separately from the nation’s general court system and presides over constitutional issues, took the bill into consideration upon an appeal submitted by dozens of French legislators from across the political spectrum. The lawmakers insisted that the legislation violated free speech rights and that the legislature should not have the authority to impose its own interpretation of historical events on the public.
Though French President Nicolas Sarkozy publicly supported the genocide bill, he was prohibited from signing it into law while the Council deliber- ated. After the verdict, President Sarkozy ordered the legislature to draft a new version of the bill that reflects the Council’s decision. He did not, however, offer any indication as to how the new draft might comply with the Constitution.
The Parliament’s approval of the bill ignited much controversy with respect to the often-disputed
ILSA Quarterly » volume 20 » issue 4 » May 2012
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