JusMin Toader: Parliamentary committee – no double-checking prosecutor’s solution, no interference with prerogatives

Justice Minister Tudorel Toader said on Thursday that the parliamentary inquiry in the 2009 presidential election could not have ventured to verify the solution given by the prosecutor or the evidence because it would have been an interference of a power in the prerogatives reserved to the other power.

“According to the precepts of the rule of law, the three powers are independent, they are separate, they are in balance, but at the same time there are enough mechanisms, forms of mutual control between the powers of the state in order to ensure the necessary balance and the proper functioning. (…) The Parliamentary committee has decided to establish certain states, certain circumstances, certain prospects. The Parliamentary Committee did not intend, nor could it have intended to double-check the case, the solution given by the prosecutor, the evidence he has or has not overseen, because in that case, there would have been one power’s interference with another power’s prerogatives,” Tudorel Toader stated at the seat of the Justice Ministry.

He added that there are several states in which presidents are required to appear in the parliamentary committees, specifying that “when they hold a position, some believe they hold the absolute truth.”

“Let us remember that there are states with a consolidated democracy in which the heads of state accept and are obliged to accept the invitations to the parliamentary committees, committees that check certain states, circumstances and prospects. It is true that during this period there seems to be a tension, a grudge in some respects, but it is still true that, what I also believe, many people declare themselves to be connoisseurs in all areas of activity, and some, when they hold a position, believe that they also hold the absolute truth. I therefore notified the Judicial Inspection (…) and I do not deem fit to get into public or personal squabbles, but to keep myself within the limits of institutional dialogues,” Toader said.

The minister provided assurances that there are mechanisms to ensure the balance between the three state powers. “I assure you that there are enough legal and constitutional mechanisms to ensure the relationship between the powers of the state, to ensure the balance between the three powers and, of course, all the legal and constitutional levers will be used at the same time to clarify these relations in order to ensure the functioning of the parliamentary committee,” Tudorel Toader underscored.

On August 16, Justice Minister Tudorel Toader notified the Judicial Inspection of the refusal of the Romanian Attorney General Augustin Lazar to provide the Special Inquiry Committee a copy of the 2009 presidential election case.

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