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February 1, 2023

CC might be notified on Parliament rejecting lifting of ministers’ immunity

Magistrates accuse MPs of obstruction of justice.

Judge Horatius Dumbrava requested on Thursday in the plenum of the Supreme Council of Magistracy (CSM) that the Constitutional Court should notify in the case of the Parliament rejection of the demands for criminal investigation of some ministers.
“We have sent an open letter to the President of Romania because he is able to notify the Constitutional Court regarding the legal conflict of constitutional nature and in the same time we have asked the CSM members to reflect all of us in giving a mandate to the CSM president to notify the Constitutional Court. In my opinion this is a constitutional conflict. We are waiting now to see if the Court will be notified and if a decision will be made,” said Dumbrava, adding that “it is inconceivable that the course of justice should be cut short.” There were two cases this year when the criminal investigation was rejected and a case when suing was denied because the criminal investigation was also rejected,” said Dumbrava.
During the debates on this matter in the plenum, former CSM President, prosecutor Oana Schmidt-Haineala, claimed the Parliament obstructs the act of justice denying these approvals. She complained that this might be an “agreement between powers” which would represent a constitutional conflict. Following discussions, the CSM members decided that the notification made by Dumbrava should be analyzed in one of the Council commissions.
“This matter will now be under discussion during a commission of CSM for the moment. The commission will take place on Monday. There will be debates. We will listen to the viewpoints of our colleagues. As far as I know, such cases have been unprecedented. There will be a legal debate, there are various opinions,” said Minister of Justice Robert Cazanciuc.
President Traian Basescu presented during a press statement the situation of all MPs who voted against the criminal investigation or arrest, about whom he said “they represent an “X-ray of the corrupted who go from political party to party” in the Parliament. According to Basescu, by analyzing the reaction of the Parliament in such matters regarding criminal investigations, he noticed the legislature refused to observe the cessation of mandate of two MPs, who, by definitive rule of the High Court, were deemed incompatible, Akos Mora and Stefan Bucur Stoica. The Head of State said “there is a large number of MPs for which an approval of criminal investigation was required and which was rejected by the Parliament, namely Varujan Vosganian, Laszlo Borbely, Victor Paul Dobre and, more recently, Daniel Chitoiu, but also MPs for whom the immunity lifting was required for their arrest, deputy Cosma Vlad Alexandru and deputy Ion Stan.”
The Chamber of Deputies rejected on Tuesday by secret vote, the request for the criminal investigation of Daniel Chitoiu. More than 248 deputies voted against the request for criminal investigation and 108 in favour. Three votes were cancelled. The National Anti-Corruption Directorate asked the general prosecutor’s office of the High Court of Justice and Cassation to demand from the Chamber of Deputies an approval for the criminal investigation of Daniel Chitoiu in the “Carpatica” file, for malfeasance of office and creating an organized criminal group while he was minister of Finance.

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