*Toader admits that the opinion belongs to the Justice Ministry: I don’t believe that this made Dragnea to be upset * Grindeanu: The procedure has been followed
JusMin Tudorel Toader stated on Thursday that the opinion assumed by the Government on the unconstitutionality objection raised by Bombonica Prodana was drawn up by the Justice Ministry, and that he doesn’t believe that this action has upset the PSD leader Liviu Dragnea. PM Sorin Grindeanu confirmed on Thursday that the opinion sent to CCR on the unconstitutionality objection raised by Bombonica Prodana in the case of abuse of office was drawn up by the Justice Ministry.
Being asked to mention if the opinion assumed by the Government on the unconstitutionality objection raised by Bombonica Prodana referring to the threshold of the abuse of office, was drawn up at the Justice Ministry, Tudorel Toader answered yes.
“Yes (it was drawn up by the Justice Ministry – e.n.), by our colleagues. I don’t make their opinions. We have a department in charge of this”, JusMin said.
“But I think you’re interested in something else, in the alternative. I will answer to the question you haven’t asked: there are 2 totally different hypotheses. There is one hypothesis that has been resolved by CCR through the Decision no.405. There is a jurisprudence, according to the law, Art. 29 of Law 47, and when a matter of law is resolved by CCR by admitting the exception, whenever somebody criticizes the same law text from the same perspective, the exception becomes inadmissible” said Tudorel Toader.
“Therefore, by the Decision no.405, CCR admitted the unconstitutionality objection on the phrase <fraudulently performs>. Whenever somebody refers to the Decision no.405, the criticism is inadmissible”, JusMin added.
He stated that if the author of an objection criticizes the same law, respectively the same article, from a different perspective, as is the case of this objection, the Justice Ministry or the Government are no longer authorized to issue any opinion, and the jurisdiction belongs exclusively to CCR.
“Therefore, if we relate to 405, it is inadmissible. If we relate to the lack of the threshold, this is not the Government’s problem, the Ministry’s problem, it is the exclusive problem of CCR, who will decide if it has to be set or not”, Tudorel Toader added.
Asked if he thinks that this point of view has upset the PSD leader Liviu Dragnea, Tudorel Toader answered negatively.
Grindeanu, about the opinion sent to CCR: the specialists in the Justice Ministry made it. The procedure was followed
PM Sorin Grindeanu stated on Thursday that the opinion sent to CCR on the unconstitutionality objection raised by Bombonica Prodana on the case of the abuse of office was drawn up by the specialists of the Justice Ministry and sent to the Court with the Prime-Minister’s signature.
“In procedural terms, all the opinions sent by the Government to the Constitutional Court, I can say I sign dozens, even hundreds of such opinions. In procedural terms, things are as follows: Justice Ministry has a special department dealing with these non-personified notifications, issuing an opinion of the Justice Ministry, when requested by CCR, and submitting it, through a letter, to the Government, and procedurally, it leaves being signed by the PM. The specialists in that department, which doesn’t have any connection to the person x or y, drawn up this opinion which was submitted by the Government to the Constitutional Court. I assured you from the beginning that I don’t want to interfere in the specialists’ work. This procedure I told you about was followed all the time” Sorin Grindeanu stated.
The Government is one of the institutions authorized to send opinions in such situations. The procedure requires the Justice Ministry to issue an opinion, which is subsequently assumed by the Government, which also happened in this case, according to the quoted sources.
The Supreme Court has notified CCR on the abuse of office, in the case in which Liviu Dragnea is judged for instigation to abuse of office. The request has been made by the PSD President’s ex-wife. Bombonica Prodana invoked the lack of a limit of the damage for the abuse of office.
In this case, together with Liviu Dragnea, his ex-wife, Bombonica Prodana was also sent to judgment, under the charge of abuse of office; Floarea Alesu, who was, at that time, the Executive Manager of the Teleorman General Directorate for Social Assistance and Child Protection, was also accused of abuse of office and instigation to intellectual forgery.