On September 26, at 12.00, Constitutional Court (CCR) will debate the complaints made by the Speakers of the two Chambers of the parliament, Liviu Dragnea and Calin Popescu Tariceanu, through which they are asking the Court to oblige the Head of DNA, Laura Codruta Kovesi, to answer if she was at Gabriel Oprea’s home or not, in the evening of the second round of the 2009 Presidential Elections, and also they are asking the Court to oblige the Prosecutor General’s Office to send a copy of the file to the Parliamentary Inquiry Committee which investigates the voting since eight years ago.
On September 13, the Speakers of the two Chambers of the Parliament, Liviu Dragnea and Calin Popescu Tariceanu, have notified the Constitutional Court, claiming there is a possible legal conflict between the Parliament and the Public Ministry, caused by the refusal of the DNA Chief, Laura Codruta Kovesi, to appear in front of the Parliamentary Inquiry Committee on the 2009 Presidential Elections and by the refusal of the Prosecutor General to take measures against her, on the one hand, and to send a copy of the file on the same subject, on the other hand.
Liviu Dragnea and Calin Popescu Tariceanu sent, each of them, an identical notification on the possible legal conflict of a constitutional nature between the Parliament and the Public Ministry.
“The conflict is caused by the refusal of the DNA Chief-Prosecutor to appear in front of the Parliamentary inquiry Committee, by the refusal of the Prosecutor General to take any measure against DNA Chief-Prosecutor regarding the violation of the legal provisions, and by the Prosecutor General’s refusal to submit a copy of the Prosecution File No.213/P/2017 to the Inquiry Committee”, according to Dragnea and Tariceanu’s notifications.
The two Speakers claim that the refusal of the Prosecutor General and of the DNA Chief-Prosecutor “are related to the activity of the supreme representative body of the Romanian people”, making impossible for the Parliament to take a decision.
Dragnea and Tariceanu quoted the Statute of the judges and prosecutors and the Deontological Code of Judges and prosecutors, according to which the jurisdiction of CSM or of the criminal prosecution bodies related to magistrates applies only when they commit an offense in exercising certain office duties or when they are involved as witnesses or suspects in committing other criminal deeds.
They also remind that the Head of DNA has repeatedly refused to appear in front of the Inquiry Committee and they claim that she invoked in bad faith a false decision of CSM according to which prosecutors cannot appear in front of any state body.
“We are asking you to oblige the Public Ministry to submit immediately to the Parliamentary Inquiry Committee the copy of the File No. 213/P/2017, and also to oblige the DNA Chief-Prosecutor to answer to the question that was formulated”, is written at the end of the two complaints sent to CCR by Liviu Dragnea and Calin Popescu Tariceanu.
