Judge Cristi Danilet, member of the Supreme Council of Magistracy (CSM), believes the Parliament blocks the bringing to justice of certain cases and, in the situation of ministers whose prosecution is declined, there may even be a situation where the person is cleared of all charges under the statute of limitation. ‘The principle of the independence of the judiciary is being violated because there are certain cases currently blocked in the prosecution phase on purpose by the will of the law-maker’, Danilet said on ‘Gandul Live’ Moreover, the magistrate deemed as unnatural that the cases worked out by prosecutors must be sent to Parliament in full although they are in a non-public phase of the criminal process.
Judge Cristi Danilet said that, by their votes on prosecutors’ requests, the MPs actually decide is ‘justice should do its work or not’, by that breaking its independence.
‘The legislative power now decided whether a person is guilty or not, if criminal investigations should begin or not, if a person should or should not be arrested, virtually if justice should do its work or not. We have decided on CSM that all the debates on some of the members of Parliament or members of the Government we’ve had lately hurt the independence of the judiciary. The principle of the independence of justice is being violated because there are certain cases that are now being purposefully blocked in the prosecution phase by will of the law-makers’, said the CSM magistrate.
Speaking of the notification CSM sent to the Constitutional Court on the Sova case, Danilet said he would have gone further, reminding that ‘the last year, the Parliament has repeatedly used its constitutional powers for blocking the bringing of certain cases to justice’.
‘I would have argued that this affects the independence of the judiciary as well as another principle of the equality of citizens before the law, for now we have some MPs for which a judge cannot decide if process measures should be taken or not and we have some members of the Government suspected of the commission of abuse in their respective posts and the prosecutors cannot start the normal procedures for establishing the truth. We therefore have cases that are blocked, in which measures cannot be taken’, he said.
The judge also says all debates in Parliament are similar to those in a courtroom and that it is not normal that the files should be integrally sent to the Parliament. According to him, the prosecution’s report containing a detailed account of the facts based on which an official has been charged should be enough.
Danilet also criticised the decisions of the Parliament, who refused to accept the criminal investigation into ex-Ministers Varujan Vosganian and Laszlo Borbely. ‘How long can we afford to keep these cases without working on them until the statute of limitation pops in? It means that we have a system where someone benefits from impunity thanks to a procedure. We have turned immunity into impunity’, Danilet said.