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May 20, 2022

Daniel Morar appointed judge with the CC by presidency

Daniel Morar was appointed yesterday by President Traian Basescu as judge with the Constitutional Court (CC) for a 9-year mandate.“Romanian President Traian Basescu signed on Monday, March 25, the decree on the appointment of Mr. Daniel-Marius Morar as judge at the Constitutional Court for a term of 9 years, starting on June 9, 2013,” the Presidency informed.

Constitutional Court President Augustin Zegrean had sent a letter concerning the fact that the term of Judge Aspazia Cojocaru, appointed at the CC at the Lower Chamber’s proposal, will expire on June 8.

The Permanent Bureau also discussed the other cases of expiring terms, namely that of judge Ion Predescu, appointed at the proposal of the Senate, and of Judge Acsinte Gaspar, appointed at the proposal of the Presidency.

In the letter the Court’s President points out that according to law 47/1992 the Court’s President notifies the Lower Chamber Speaker that appointed the judge or the Romanian President three months before the term of each judge expires, asking him to appoint a new judge and the appointment has to take place at least a month before the judge’s term expires. The parliamentary majority in the Senate and Lower Chamber proposed Mona Pivniceru and Valer Dorneanu. The reactions to the appointment of Morar at the CC were not late in coming yesterday. Thus, when asked for his view on the appointment, PNL First Vice President Klaus Johannis stated that it is not the Liberals’ business who President Traian Basescu appoints at the Constitutional Court. At the same time, PSD Vice President Ioan Chelaru stated that President Basescu appointed Daniel Morar judge within the CC because he was and will be loyal and obedient to the Head of State and will act at his directions as he did until now.

He stated that Morar is a specialist in criminal law, not constitutional law, and argued that Basescu’s choice did not respect the professional criterion. At the same time Chelaru argued that the appointments made by Basescu throughout time took into account obedience not professional training. “If we look at the appointments that President Basescu made throughout time, apropos Mrs. Macovei, we notice that the ones loyal, the ones who never disobeyed him, that respected his directives and orders, were appointed in office. Mr. Morar is such a character. I am absolutely convinced that he won’t even look at the notifications filed at the Court and will vote based on the directions,” Chelaru added. He pointed out that Basescu could have found a specialist in constitutional law and a man of moral standing to appoint as judge within the CC so that the institution would get out of the “slough” it is in concerning the lack of professionalism accusations brought against the judges.

Unlike Chelaru, Constitutional Court President Augustin Zegrean stated that President Traian Basescu’s appointment “meets legal requirements,” adding that the former head of the DNA “has proven he is professionally prepared.” “I believe it is an appointment that meets legal requirements,” Zegrean stated. Zegrean took part on Monday at the Palace of Parliament in a debate on modifying the Constitution and the Constitutional Court’s prerogatives. Lower Chamber Speaker Valeriu Zgonea stated that the appointment of Daniel Morar as judge at the Constitutional Court is “probably the solution that the country’s president found for Morar to take a step sideways into politics.”

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