The Chairman of People’s Movement Party (PMP) Traian Basescu stated on Friday at Sinaia that the amendment of the Justice Laws brings “some good things”, too, such as separating the magistrates’ career, strengthening of the Judicial Inspection, setting up a special structure to investigate prosecutors and judges, but he said that “passing PSD’s laws” is not PMP’s “job”.
“When we talk about the Laws on Justice, there are many people who think at the Criminal Code and Criminal Procedure Code. What was approved by the Parliament re the laws on the functioning of Justice, and PMP voted against them for two reasons. One: because they were subject to a committee that doesn’t observe the Parliament’s structure, meaning that a special structure was created, with an improperly elected chairman, who caused a feeling of distrust from the beginning, which I am not telling you now, but I told this from the Parliament’s microphone. The second reason for which we didn’t vote for them and we will not vote for them even after the remarks made by the Constitutional Court will be taken into account, is that we are in the opposition. Passing PSD’s laws is not our job. However, in substance, there are some good things that these laws bring, without being perfect, and this is another reason for which we will not vote for them” Traian Basescu stated on Friday at Sinaia, after the meeting of the National Executive Council of the People’s Movement Party.
Among the “good things”, Traian Basescu mentions the regulation related to the magistrates’ career by imposing seniority thresholds in order to reach a higher professional level, the separation of judges’ career from the prosecutors’ one, the fact that the prosecutor will not sit “on a pedestal” anymore in the courtroom, at the same level with the judge, as well as the changes related to the Judicial Inspection.
As for the changes of the control body of the Superior Council of Magistracy (CSM), Basescu says they are beneficial and they have the role to strengthen Judicial Inspection.
“Another good thing in my opinion is the strengthening of the Inspection. If these laws will be promulgated, Judicial Inspection’s president will gain the job through a contest, and he will not be appointed or removed at CSM’s discretion. Another very important thing: things will be clear in CSM. Prosecutors’ problems will be discussed by prosecutors, from disciplinary issues to issues related to promotion, while judges’ problems will be discussed by the judges’ department of CSM” traian Basescu added.
The PMP leader also said he agrees with setting up a special structure for the investigation of the magistrates, claiming that judges could have been influenced by the DNA prosecutors in the trials they were judging, namely the judge could have felt pressure caused by the fear that the prosecutor could have asked for his investigation.
“Something that seemed to me to be very important is related to moving the structure for the investigation of prosecutors and judges from DNA to the General Prosecutor’s Office. Because it is normal that the investigation of the criminal deeds committed by judges and prosecutors is conducted by the highest prosecution office, especially by an institution that rarely appears in court. General Prosecutor’s Office is not DIICTO or DNA, to frequently go to the court, and thus, an element of possible pressure on the judges has been removed, because when the DNA prosecutor was in the courtroom, the judge was thinking that it’s possible that the prosecutor will order the investigation bodies to open a case for dereliction of duty or abuse of office against him, so he will be suspended from magistracy. Therefore, the DNA prosecutor was causing a pressure on the judge” Traian Basescu also said.
“I don’t support a threshold for abuse of office, it will allow many bastards to escape”
Basescu also said on Friday at Sinaia that he doesn’t support the introduction of a threshold for the offense of abuse of office, because such a measure “would allow many bastards to escape”. But he mentioned that he wants this offense to be “transparently” defined, in compliance with the recommendations of the Venice Commission.
“I can already tell you that I don’t agree with a threshold for the abuse of office. The threshold will allow many bastards to escape. On the other hand, I fully support the idea to define the abuse of office and the amendments to the Criminal Code in compliance with the recommendations of the Venice Commission” Traian Basescu stated on Friday at Sinaia, at the end of the meeting of the National Executive Council of the People’s Movement Party.
Asked if he thinks that the current political power will take into account to make the amendments of the provisions related to this offense by a Government’s Emergency Ordinance, Basescu said that he wants all the amendments to the Criminal Code to be made transparently.
“I want to believe that it will not (be an Emergency Ordinance amending the law on abuse on office – e.n.). I want to believe that the Criminal Code and the Criminal Procedure Code will be brought within the constitutional limits by legal means, because first of all there are around 60 articles that were found to be unconstitutional by the Constitutional Court. These articles must be corrected” Traian Basescu also stated.