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May 16, 2021

Adrian Tutuianu: If the President will refuse to dismiss the DNA Chief, the solution is to notify CCR

PSD Senator Adrian Tutuianu stated on Monday that if President Klaus Iohannis will refuse to take note of the request related to the dismissal of the DNA Chief-Prosecutor Laura Codruta Kovesi, the solution is to notify the Constitutional Court (CCR).

“This is my opinion, as a senator and as a man who knows something about the laws. If the President will refuse to take note of the dismissal request made by the Justice Minister, the solution is to notify the Constitutional Court, since we would be in the situation of a constitutional conflict between the powers of the state. The solution to involve CCR is in the hands of the Deputies’ Chamber’s Speaker, of the Senate’s Speaker or of the CSM President” Tutuianu mentioned at the Parliament.

The PSD Senator added that another legal solution is that any interested person could notify the administrative court.

“Also, I am thinking now that another legal solution is that any interested person could notify the administrative court, because the President’s refusal would fall within the situation provided by the Administrative Law. If the Constitution says that the President is the one who decides, how this constitutional conflict could be caused? The very complete and legally argued explanation was provided by the former CCR President, Professor Vida. It’s a fair, well founded explanation from the legal point of view, and I want to make it very clear to you that this is not about taking a political stand, or about a political dispute, this is simply about applying a constitutional text within the limits and the letter of the Constitution” Tutuianu claimed.

Regarding the opinion of the former CCR judge Augustin Zegrean, according to which Constitution is exactly the one who provide the President with the right to decide, Tutuianu said that if there will be a notification, there will be an answer, too.

Being asked about his opinion on the report of the Justice Minister Tudorel Toader, the PSD Senator answered: “First of all it’s a legal report, it’s not a political report, by which certain irregularities related to the DNA management are found with arguments, which in my opinion are relevant. These are mainly known issues by the public opinion, things that are evaluated from a legal point of view. For instance, they are evaluated by the Constitutional Court, if we refer to the GEO no.13 of the last year, there are widely debated issues in the national Media, and these issues have a punctual factual and legal reasons or grounds. I think it’s a full report made by professionals, a report which is grounded legally, not politically, which the President must take into account”.

He also said that Tudorel Toader made no mistake by presenting parts of the Judicial Inspection’s report.

“No, I don’t think he made any mistake, it’s a collateral issue that has nothing to do with the substantive part of the matter. The substantive part of the matter is related to the dismissal” Adrian Tutuianu stated.

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