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November 30, 2022

Tariceanu to notify the CCR about Belina case next Monday

Senate Speaker Calin Popescu Tariceanu announced that on Monday he will lodge with the Constitutional Court of Romania (CCR) a notification concerning an alleged juridical conflict between the judicial and the executive branches of government, a conflict caused by the DNA’s decision to start a probe in the Belina case.

The leader of ALDE made the announcement at the end of the ruling coalition meeting.

Tariceanu reminded that he had said he would consult specialists on this topic, and pointed out he received their point of view on Wednesday morning.

“On Monday, I’ll lodge with the CCR the notification we talked about,” the Senate Speaker added.

Justice Minister Tudorel Toader stated at the end of September – after the DNA announced it started a probe in the way the Pavel Distributary and the Belina Island was transferred from the ownership of the state to the ownership of the Teleorman County Council, via a Government Decision – that the decision to notify the CCR about the prosecutors’ decision to probe GDs is the Executive’s prerogative, however the Justice Ministry will handle the drafting of the document. Back then, he pointed out that CCR judges will have to point out whether, against the backdrop of a CCR ruling according to which prosecutors cannot probe Government ordinances, prosecutors can probe Government Decisions.

As a result of Toader’s statements, the DNA notified the CSM, deeming that the minister’s statements were liable to affect the independence of the judiciary and that the minister induced the idea that the prosecutors are not carrying out their activity within the legal framework.

A day later, Liviu Dragnea stated that when the Justice Minister comes up with the draft notification the Government will lodge it with the CCR, the PSD leader adding: “if the minister really comes up with it.”

Nevertheless, Tudorel Toader no longer presented within the Government the draft notification, and, on October 9, following a meeting with ALDE President Calin Popescu Tariceanu, Liviu Dragnea announced that Tariceanu will notify the Constitutional Court instead.

Several hours later, on the same day, Tariceanu contradicted the PSD leader, stating he has taken no decision on whether to notify the Constitutional Court about the Belina case, and pointing out he has only asked the Senate’s services, the specialists in constitutional law, to carry out an analysis in order to ascertain whether there are solid grounds to lodge with the CCR a notification about a potential conflict between the Government and the DNA.

On September 22, the DNA announced that Deputy Premier Sevil Shhaideh is suspected of committing abuse of office at the time she was secretary of state within the Regional Development Ministry, in a dossier according to which, in 2013, through the concerted action of persons holding public offices, parts of the Belina Island and the Pavel Distributary were illegally transferred from state ownership to the ownership of the Teleorman County and the management of the Teleorman County Council, only for them to be illegally leased to a private firm only a few days later.


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