JUSTICE

JusMin about abuse of office: Awaiting CCR motivation; consultations needed to identify threshold

Justice Minister Tudorel Toader stated on Monday he is waiting for the Constitutional Court’s motivation regarding the abuse of office, a threshold that distinguishes between contraventional, administrative and criminal responsibility to be identified in the course of public debates with the civil society, with the law professionals.

“I have said a number of times: we are expecting the Constitutional Court’s decision, its motivation. I will organise public debates with the civil society, the law professionals. Together, we will identify the reasonable threshold to distinguish between contravention, administrative liability, criminal liability,” affirmed Toader at Parliament Palace on Monday.

Asked when the threshold would be set, Toader replied, “Do not ask me, because I said we are awaiting the Court’s decision. From the moment it is published in the Official Gazette, there are legal effects and we can start the consultation procedure (…) I propose you to wait for the Court’s decision, that we carry out the consultations with the civil society, the law professionals. We will identify that reasonable threshold. ”

 

ICCJ’s  Tarcea : Threshold amount – relatively small, if CCR considers low degree of social risk

 

President of the High Court of Cassation and Justice (ICCJ) Cristina Tarcea stated on Monday that the talks regarding the threshold for abuse of office without the Constitutional Court’s motivation “are hasty”, but showed that “in case the CCR considered the deed’s low degree of social risk, the threshold should have a relatively small amount.”

“It is very difficult to say this, all the more so as the CCR ‘s motivation has not yet been released, because as long as only the question of the threshold has been analyzed, there will probably be some details regarding this aspect of the threshold. And then, based on that, there is room to discuss. I think the talks about the level of the threshold are hasty, because if the CCR considered the deed’s low degree of social danger, the threshold amount should be relatively small. If it took into consideration other aspects, the amount may differ from what the CCR had in mind,” Cristina Tarcea said upon going out of the Superior Council of Magistracy.

The president of ICCJ explained that setting a threshold through an ordinance is justified when an emergency occurs.

“The Government’s emergency ordinance is always justified when there is an urgency. Therefore, if the institution of abuse of office, as outlined by the CCR, can only be enforced by the court after a legislative change, I concur, in my point of view, that the emergency condition could be fulfilled, “Cristina Tarcea said

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