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June 29, 2022

Gov’t notifies CCR in Belina case. Justice Ministry could finalise the notification’s text by Monday


Toader: CCR should say if prosecutors can probe GDs, considering it has been already established they can’t probe ordinances


Justice Minister Tudorel Toader stated on Thursday that the decision to query the Constitutional Court of Romania (CCR) whether prosecutors can probe Government decisions (GDs) belongs to the Executive, however the document is drafted by the Justice Ministry and could be ready by Monday. Toader pointed out that constitutional judges will have to point out whether prosecutors can probe Government decisions, considering that the Court has already established that they cannot probe Government ordinances.

The Minister explained that there are three levels in adopting legislative acts: the upper level – ordinances, laws, with Parliament and Government as decision-makers; the second level – acts adopted by Government; and the third level which includes minister’s orders.

Tudorel Toader invoked the National Anticorruption Directorate (DNA) communique which says that the CCR’s February ruling on Government Emergency Ordinance no.13 (OUG 13) is applicable only to ordinances and laws, not to Government decisions too.

“The text is correct. The principle is incorrect,” the Justice Minister pointed out.

He explained that the CCR has ruled that prosecutors cannot probe the advisability, the circumstances, the context of the adoption of a Government Emergency Ordinance or law, the analysis in this regard belonging to the decision-maker.

In these conditions, Tudorel Toader deemed that the CCR will have to answer the following question: “If, at the level of an OUG or law, the prosecutor cannot analyse the advisability of its issuance, can he investigate the advisability, circumstances and context of the issuance on levels 2 and 3?”

Tudorel Toader pointed out that the initiative of notifying the CCR belongs to the Government, but the text of the notification is being drafted by the Justice Ministry, something it has started doing on Thursday morning and will keep doing in the following days too. The draft document could be ready by Monday.

Justice Minister Tudorel Toader stated on Tuesday that the legality of a Government decision is verified by the administrative court judge, not by the prosecutor, after DNA Chief Prosecutor Laura Codruta Kovesi stated, referring to the Government decision issued in the Belina case, that the DNA does not monitor such legislative acts but takes note ex officio when there is information something is wrong.

As a result of Toader’s statements, the DNA notified the Supreme Magistracy Council (CSM), deeming that they affect the independence of the judiciary and that the minister induced the idea that the prosecutors’ activity is not taking place within the limits of the legal framework.

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