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March 2, 2021

Klaus Iohannis sued Liviu Dragnea for abuse of office

PNL President Klaus Iohannis filed a criminal complaint on Tuesday at the National Anticorruption Department (DNA) against Vice-Premier Liviu Dragnea, for issuing the emergency ordinance no. 55 / 2014 that regulates the political migration of local authorities for 45 days. The main accusation pointed out by Klaus Iohannis was abuse of office, “that would damage all candidates to the presidential elections, as well as the public interest” and “would affect the electoral proceedings, as it may determine them to support a certain candidate.”
The complaint quotes the first paragraph of article 297 of the Criminal Code, which defines abuse of office as “the deed of the public servant who, while performing his official duties, fails to complete a task or completes it improperly and, as a result, causes damage in the rights or legitimate interests of a physical or legal person.”
To support his statements, Iohannis also quoted the jurisprudence of the Constitutional Court which points out that the Government may only adopt emergency ordinances if the following conditions are cumulatively reached: the existence of an extraordinary situation; the necessity that this situation should be regulated immediately; and the requirement that the emergency would be detailed in the content of the ordinance.
Furthermore, the complaint filed by the PNL leader pointed out that the emergency ordinance fails to accurately display the elements of an extraordinary situation, the necessity that it would be regulated without delay and the motivation of the emergency within the content of the ordinance. Moreover, Liviu Dragnea is not in the position of a public servant, requested by the incriminating text, but in a position of public authority.
“(The criminal complaint – editor’s note) was the final solution to be granted an explanation. The Government constantly refused to explain why they delayed the issuing of the ordinance, why they changed the text they sent us for prior discussions and why they published a text that was completely different in the end, in the emergency ordinance. The people’s lawyer was notified. He provided us no answer. And then we addressed the state institution qualified to do justice in this case. This institution is the DNA”, the ACL candidate for President declared after filing the criminal complaint.
Justice Minister Robert Cazanciuc declared on Wednesday, regarding Klaus Iohannis’ complaint, that political divergences should not be solved by criminal complaints. “I think there are political solutions for political conflicts and we don’t need to seek legal solutions. I also said it in the Parliament, the day before yesterday, then I made an appeal to politicians: let’s not introduce Justice in political divergences”, The Minister outlined.

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