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September 17, 2021

Superior Council of Magistracy notifies Judicial Inspection after Liberal leaders’ statements

The Superior Council of Magistracy (CSM) announced Thursday that it notified the Judicial Inspection to ascertain a possible infringement of the independence of prosecutors and the judicial independence following statements by some leaders of the National Liberal Party (PNL) about Prosecutor General Tiberiu Nitu (photo).

“Following the information launched in the public space by representatives of the political class referring to some procedural activities performed by the prosecutors with the Prosecution Service of the Supreme Court of Cassation and Justice (ICCJ, Romania’s Supreme Court), as well as the notification sent by Justice Minister, the Superior Council of Magistracy has notified the Judicial Inspection with a view to check upon a possible infringement of the independence of prosecutors and of the judicial independence, in accordance with Article 30 paragraph (1) of Law no. 317/ 2004 on the CSM, republished as subsequently amended and supplemented,” reads a press release by the CSM to Agerpres.

On Wedensday, Justice Minister Robert Cazanciuc had asked the CSM to start an investigation on the matter, mentioning “a pressure campaign against the magistrates.”

“Thus, the CSM demands all representatives of the political class and others to observe the obligation of reserve on judiciary activities, especially as the publicly expressed opinions refer to cases on the courts’ agenda. The exceeding of the reserve obligation of the representatives of the state powers harms its balance and prejudices its core values,” the CSM document adds.

The president of the Cluj County Council, liberal Mihai Seplecan onTuesday asked for the resignation of Prosecutor General Tiberiu Nitu and accused the prosecutors of not complying with court decisions.

In a release to the media, Seplecan accused authorities of failing to stage by-elections in due time and of “intentionally” blocking such elections. He also charged the prosecutors with the Prosecutor General’s Office of deciding not to start criminal prosecution following his complaint against Prime Minister Victor Ponta for office abuse in this matter.

A similar statement was delivered on Wednesday by liberal MP Radu Zlati.

“The relation between Premier Victor Viorel Ponta and AG Tiberiu Nitu is known to the public – a relation between protector and protected, since Mr. Nitu was imposed at the head of an institution essential for the administration of justice, through a questionable understanding with former President [Traian] Basescu. Media, the civil society, the politicians have commented enough on this topic,” Zlati asserted in a press release.

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