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September 26, 2021

Iulia Motoc, former CCR judge, refuses to be questioned in the Errata file

Iulia Motoc, former judge of Romania’s Constitutional Court (CCR), presently a judge at the European Court of Human Rights (ECHR), was cited by prosecutors to attend a hearing as a witness in “Errata” file, yet she refused to show up and make statements”, Romania TV announced.

The members of the High Court of Cassation and Justice Prosecutors’ Office interviewed so far in the “Errata” file the rest of CCR judges who had signed, in 2012, the decision regarding the organizing of the referendum destined to dismiss Traian Basescu.

Iulia Motoc, CCR judge at that time, was summoned by prosecutors as well, yet she refused to attend the hearing.

According to legal sources quoted by Romania TV, Iulia Motoc sent a document to the Prosecutors’ Office pointing out that she benefited of immunity, as ECHR judge, and she cannot make declarations.

According to mentioned sources, the Prosecutor General sent a request to SEO and is awaiting an answer as to whether Iulia Motoc truly benefits of immunity and whether an approval was needed so that she could give declarations in the file investigated by the Office.

The General Prosecutors’ Office members reopened a file investigating the way Constitutional Court judges have issued in 2012 a decision regarding the organizing of the referendum destined to dismiss ex-President Traian Basescu.

On August 2, 2012, CCR adopted a decision regarding the organizing of the referendum destined to suspend former President Traian Basescu, and it was noted that the decision did not include the legal reference that established the total number of voters who had to express their option at the referendum that was already completed on July 29, 2012.

After the decision was published, an errata was added mentioning that all persons entitled to vote will be taken into account, more precisely, over 18 million Romanians.

This errata blocked a Government initiative to perform a small census destined to remove from permanent electoral lists Romanians who have left the country for a long time.

The respective errata was edited and signed by judge Stefan Minea, the one who also sent the notification to publish it to the Government and to the Official Monitor.

Based on this errata, the referendum was invalidated as, out of the total number of 18,292,464 persons present on permanent electoral lists, only 8,459,053 attended the ballot (46.24 per cent) and, therefore, the attendance limit of at least half plus one persons present on permanent electoral lists was not reached.


Later, three CCR judges, Ion Predescu, Acsinte Gaspar and Tudorel Toader, had declared that they had no contribution to the issuing of that errata. They declared that the referendum should have been validated, as, of 18,292,464 persons present on permanent electoral lists, the number taken into account while issuing the validation decision, does not reflect the structure and dimension of present voting corps.

In their opinion, the permanent electoral lists should not include Romanian citizens living abroad and persons with expired ID documents.


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