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November 18, 2019
JUSTICE POLITICS

Dragnea: Why can’t Tudorel Toader continue as Justice Minister? More reactions after the CSM’s negative opinion on Kovesi’s removal. Orban: CSM decision is unequivocal. In Japan, Tudorel Toader should have done seppuku

Social Democratic Party (PSD) President Liviu Dragnea stated on Wednesday that he was pleased with Justice Minister Tudorel Toader’s performance at the CSM meeting, stating he does not see why Toader should be dismissed, adding that “prosecutors don’t form the Government.”

“Why couldn’t Tudorel Toader continue as Justice Minister? (…) Who is the system? The CSM prosecutors? I understand – or at least that’s what’s being said publicly – that prosecutors do not form the Government. That’s my understanding. Then, if they don’t form the Government, why wouldn’t he [Tudorel Toader] stay,” PSD President Liviu Dragnea stated, when asked whether he believes Tudorel Toader can remain at the helm of the Justice Ministry considering the way the system opposed him.

Asked if he was pleased with Tudorel Toader’s performance at the CSM, Dragnea answered affirmatively.

“Yes, yes. Nobody could have convinced them (the prosecutors – editor’s note),” Dragnea pointed out.

 

Dragnea on dismissal request: European officials can’t wait for Parliament’s explanations

 

House Speaker Liviu Dragnea stated on Wednesday that European officials cannot wait for Parliament’s explanations concerning the dismissal of DNA Chief Prosecutor Laura Codruta Kovesi, pointing out, visibly annoyed by the journalists’ questions: “Couldn’t I be arrested for this?”

“Should I give explanations (for the request to have DNA Chief Prosecutor Laura Codruta Kovesi dismissed – editor’s note)? Couldn’t I be arrested for this overture, so we would close this subject? But why should I give explanations? Whom did they (European officials – editor’s) say they are waiting explanations from? From whom? Can’t they wait [for explanations] from Parliament?” PSD President Liviu Dragnea said when asked whether he can offer European Commission Vice President Frank Timmermans explanations concerning the request to have the DNA Chief Prosecutor dismissed, considering that the two will meet on Thursday.

Asked what he will discuss with Timmermans, Liviu Dragnea said: “some things.”

 

Dragnea on CSM’s report: No surprise there; I don’t think anyone expected anything else

 

PSD President Liviu Dragnea stated on Wednesday that the negative report that the CSM issued on the request to have DNA Chief Prosecutor Laura Codruta Kovesi dismissed is “no surprise,” adding that the Justice Minister’s report is “fairly thorough” and it remains to be seen what President Iohannis will do.

“I believe there’s no surprise. I don’t think anyone in this country expected anything else,” PSD President Liviu Dragnea stated when asked for his comment on the CSM’s negative report on the request to have DNA Chief Prosecutor Laura Codruta Kovesi dismissed.

In what concerns the decision that President Klaus Iohannis will take in what concerns the request to have the DNA Chief Prosecutor dismissed from office, Liviu Dragnea said that “there’s nothing spectacular in this procedure.”

“Here we’re not talking about surprises or no surprises, it’s a procedure. I don’t see, I didn’t see anything spectacular in this procedure, there’s a fairly thorough report that the Justice Minister drafted, which has entered the institutional circuit, the President of Romania is at the end of the institutional circuit. We’ll see what he does,” Dragnea said when asked whether he expects “a surprise from the Cotroceni Palace.”

Asked whether he will notify the CCR if the President rejects the dismissal request, Dragnea said: “Let’s reach that reality, which for the time being is virtual, and then we’ll talk.”

 

More reactions after the CSM’s negative opinion on Kovesi’s removal

 

PICCJ: Negative opinion of CSM in Kovesi case confirms absence of legal ground for removal

 

The negative opinion given by the prosecutors’ Section with the Superior Council of Magistracy (CSM) on the Justice minister’s proposal to remove from office the Chief Prosecutor of the National Anti-corruption Directorate (DNA) confirms the point of view constantly expressed by the leadership of the Prosecutor’s office attached to the High Court of Cassation and Justice (PICCJ, Supreme Court, ed. n.) regarding the absence of a legal ground for taking such measure, reads a Public Ministry’s Facebook post.

According to the quoted source, the removal from office of a prosecutor can only operate within the conditions clearly established by the law, both under reasons and procedures, provided for by law and by CSM’s Organisation and Functioning Regulation, approved through Decision no. 326/2005, without prejudice to the independence, impartiality and reputation of the envisaged magistrate.

“Along the same lines, the Justice minister’s obligation to comprehensively motivate the request for removal from office must constitute a guarantee against abuses and arbitrariness, and ignoring this principle is liable to create a dangerous precedent with regard to the interference of the political in the judiciary’s activity,” the post further mentions.

 

 Cazanciuc, about the dismissal of the DNA Chief-Prosecutor: Iohannis is at the end of this procedure

 

The Chairman of the Senate’s Legal Committee, the Social Democrat Robert Cazanciuc, a former Justice Minister, stated on Wednesday, related to Laura Codruta Kovesi’s dismissal, that President Klaus Iohannis, who “is at the end of this procedure, is liable for this decision”.

“I wasn’t involved until now in any discussion within the party, it wasn’t discussed within the party that PSD has to do something. President Iohannis is at the end of this procedure, he is liable for this decision, which is obviously a political decision” Robert Cazanciuc stated.

He also said that he hasn’t read the reasoning of the CCR decision published on Tuesday, according to which the President has no express power that justifies a right of veto in appointing the prosecutors, and for this reason he cannot say anything about the opportuneness of a possible notification of the Constitutional Court, based on the idea of an institutional conflict, if Klaus Iohannis will not take into account the request of the Justice Minister Tudorel Toder to dismiss Laura Codruta Kovesi.

“I haven’t studied personally, from the legal point of view, if this solution is viable or not. I’ve seen comments on the yesterday’s decision of the Constitutional Court, but I haven’t read the full decision of the Constitutional Court, to see if there might be a conflict or not. At this point, according to the law in force, the President is at the end of this procedure and he is liable for it” Cazanciuc added.

 

Orban: CSM decision is unequivocal. In Japan, Tudorel Toader should have done seppuku

 

PNL Chairman Ludovic Orban stated on Tuesday evening that the decision of the CSM Department for Prosecutors which issued a negative opinion on the Justice Minister’s request to dismiss the DNA head is “clear”, saying that if the Justice Minister Tudorel Toader would have lived in Japan, he should have done seppuku after such a failure.

“Unfortunately for Tudorel Toader, he became a puppet of the leaders of the governing coalition Dragnea, Tariceanu, and those who are leading a war of interests, which is not based on seeking justice, but on how to save yourself. These are people with legal problems and they think that the war against DNA and Codruta Kovesi might solve their problems” the PNL leader added.

Orban said that Tudorel Toader was afraid that if he “doesn’t execute the order”, he will lose his position as the Justice Minister.

“(…) Tudorel Toader was afraid not to lose his position as the Justice Minister. He was sure that if he will not execute the order, he will be dismissed. (…)” Ludovic Orban claimed.

The PNL Chairman stated that the attack against the DNA Chief-Prosecutor was premeditated.

“(…) in the proposal (to amend the Laws on Justice – e.n.) that was assumed by the well-known parliamentarians Nicolicea, Serban Nicolae, Florin Iordache, in its first form, President Iohannis was removed from the dismissal procedure, and this clearly indicates me that they premeditated since then this blow against the Chief-Prosecutor. (…) They removed the President from the dismissal procedure, although they maintained him in the appointing procedure of the chief-prosecutors. They premeditated this attack against the DNA Chief-Prosecutor, and this is their objective since one year, or one year and a half ago, to get rid of the Chief-Prosecutor and turn DNA into an institution which will not bother anymore the high officials of the moment and which will not dare anymore to start investigations against those who probably committed offenses in the offices they held” Orban stated.

 

“Iohannis, extremely consistent. His support for the fight against corruption cannot be questioned”

 

“I think that everybody knows what to expect from the President. (…) No (e.n. – there will not be any surprise). I know President Iohannis, and he is extremely consistent in his political attitudes and actions, and President Iohannis had a very clear attitude related to this dispute between the politicians of the parliamentary majority and DNA, he actually made it clear that he sees no reason on which this dismissal proposal can rely, therefore I don’t think that President Iohannis’s attitude and consistency can be questioned in terms of his support for the judiciary’s independence and the fight against corruption” the PNL Chairman Ludovic Orban stated when asked if there will be any surprise regarding President Klaus Iohannis’s decision on the proposal to dismiss the DNA Chief-Prosecutor Laura C. Kovesi.

 

PICCJ: Negative opinion of CSM in Kovesi case confirms absence of legal ground for removal

 

The negative opinion given by the prosecutors’ Section with the Superior Council of Magistracy (CSM) on the Justice minister’s proposal to remove from office the Chief Prosecutor of the National Anti-corruption Directorate (DNA) confirms the point of view constantly expressed by the leadership of the Prosecutor’s office attached to the High Court of Cassation and Justice (PICCJ, Supreme Court, ed. n.) regarding the absence of a legal ground for taking such measure, reads a Public Ministry’s Facebook post.

According to the quoted source, the removal from office of a prosecutor can only operate within the conditions clearly established by the law, both under reasons and procedures, provided for by law and by CSM’s Organisation and Functioning Regulation, approved through Decision no. 326/2005, without prejudice to the independence, impartiality and reputation of the envisaged magistrate.

“Along the same lines, the Justice minister’s obligation to comprehensively motivate the request for removal from office must constitute a guarantee against abuses and arbitrariness, and ignoring this principle is liable to create a dangerous precedent with regard to the interference of the political in the judiciary’s activity,” the post further mentions.

 

 

 

 

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