On Tuesday, the Constitutional Court of Romania (CCR) partially admitted the notification lodged by the Speakers of the two Houses of Parliament – Liviu Dragnea and Calin Popescu Tariceanu – concerning the DNA Chief Prosecutor Laura Codruta Kovesi’s obligation to go before the parliamentary committee of inquiry into the presidential elections of 2009. However, the CCR judges rejected the notifications concerning the Prosecutor General’s Office’s obligation to hand over to the parliamentary committee of inquiry a copy of its dossier on the 2009 presidential elections, official sources told News.ro.
Thus, the DNA Chief Prosecutor must go before the parliamentary committee of inquiry or offer written answers to its questions, however the Prosecutor General’s Office is not obligated to hand over to the committee a copy of its dossier.
The aforementioned notifications were on the CCR’s order of the day on September 26, however the Court postponed a decision.
The Speakers of the two Houses of Parliament, Liviu Dragnea and Calin Popescu Tariceanu, had notified the Constitutional Court, on September 13, about a possible juridical conflict between Parliament and the Public Ministry, generated by the DNA Chief Prosecutor’s refusal to go before the parliamentary committee of inquiry into the presidential elections of 2009 and by the Prosecutor General’s refusal to censure her as a result and, on the other hand, to give the committee a copy of its dossier on the same topic.
Each Speaker sent an identical notification regarding the potential juridical conflict of a constitutional nature between Parliament and the Public Ministry.
“The conflict is determined by the DNA Chief Prosecutor’s refusal to go before Parliament’s committee of inquiry, by the Prosecutor General’s refusal to take measures against the DNA Chief Prosecutor for the infringement of legal provisions, and by the Prosecutor General’s refusal to forward to the committee of inquiry a copy of criminal prosecution dossier no.213/P/2017,” reads the notification.
The two Speakers claim that the Prosecutor General and the DNA Chief Prosecutor’s refusal “concerns the activity of the Romanian people’s supreme representative body” and puts Parliament in the impossibility of adopting a decision.
Dragnea and Tariceanu cite the statute of judges and prosecutors and the deontological code of judges and prosecutors, according to which the competence of the CSM or of criminal prosecution bodies in relation to magistrates applies only when they commit a transgression in the exercise of official prerogatives or are involved – as witnesses or suspects – in the committal of criminal offences.
Likewise, the two Speakers remind that the DNA Chief Prosecutor repeatedly refused to go before the committee of inquiry and claim she invoked with ill faith a CSM decision according to which prosecutors cannot show up before any state body.
“We hereby ask you to force the Public Ministry to at once offer the parliamentary committee of inquiry the copy of dossier no.213/P/2017, and the DNA Chief Prosecutor to answer the question raised,” reads the conclusion of the two identical notifications that Liviu Dragnea and Calin Popescu Tariceanu lodged with the CCR.