POLITICS

CSM sends to Cotroceni the substantiation of its negative report on request to have DNA Chief Prosecutor Kovesi dismissed. President Iohannis has final say on whether to dismiss the DNA Chief Prosecutor

The substantiation of the negative report that the Supreme Magistracy Council’s (CSM) Section for Prosecutors issued on Justice Minister Tudorel Toader’s request to have DNA Chief Prosecutor Laura Codruta Kovesi dismissed from office has been finalised and “forwarded to the decision-makers,” the CSM informs.

“Following the unfavourable report on the Justice Minister’s proposal to have Ms Laura Codruta Kovesi dismissed from the office of Chief Prosecutor of the National Anticorruption Directorate, the Supreme Magistracy Council’s Section for Prosecutors hereby informs the public opinion that decision no.52/27 February 2018 has been substantiated and forwarded to the decision-makers for them to order the legal measures,” the CSM informed on Friday.

“The substantiation of the report is nearing completion. By the end of this week we will forward it to the decision-makers,” CSM Vice President Codrut Olaru had stated on Thursday morning.

Asked by journalists for his comment on the accusations that the Justice Minister levelled against the CSM’s Section for Prosecutors, he said he does not want to enter a polemic. “The CSM will express itself in writing,” the CSM Vice President added.

Justice Minister Tudorel Toader had stated last Monday, referring to the substantiation of the negative report that the CSM issued on his request to have the DNA Chief Prosecutor dismissed, that the members of the Section “will find it hard to argue against the evidence,” arguing that the DNA Chief Prosecutor broke the Constitution three times. Asked whether he has anything to reproach the CSM’s Section for Prosecutors with, the Justice Minister stated sarcastically: “All Romanians know their duties and all Romanians carry them out correctly, loyally and on time.”

The Justice Minister added that he is waiting for the substantiation of the Section for Prosecutors and for President Klaus Iohannis’s decision regarding the dismissal of DNA Chief Prosecutor Laura Codruta Kovesi, after which he will decide whether to notify the Constitutional Court.

“We are waiting for the substantiation of the Section for Prosecutors. I believe the decision was adopted in a matter of minutes, but the substantiation is taking around two weeks, because it’s difficult to argue against the evidence. It’s difficult to congratulate someone for breaking the Constitution three times, meaning three juridical conflicts of a constitutional nature, in half a year, by the same person, between state powers, even though the Court rejected the third one, but the considerations are exactly the same as the ones included in Decision no.68 which admitted it,” the Justice Minister stated.

The CSM’s Section for Prosecutors issued a negative report on the Justice Minister’s demand to have the DNA Chief Prosecutor dismissed from office.

During the CSM meeting, which lasted two and a half hours, the DNA Chief Prosecutor addressed each of the 20 accusations that the Justice Minister levelled against her in the report on which the proposal to have her dismissed was based, pointing out that the reasons invoked are unreal, unproven and groundless., and some are not confirmed by reality at all.

The Justice Minister said that the report presented by Kovesi “can be seductive, convincing,” if presented before people who are out of their depths and that it cannot convince him. He added that he hopes truth will surface, because society needs to know the truth in order to know what measure to take. Likewise, the minister reproached Kovesi for not sending him the DNA activity review report she was set to present that Wednesday.

In response, Kovesi said she was not there to convince him but to offer explanations and evidence that what he claimed is not true.

President Klaus Iohannis has the final say in the Kovesi case. He has repeatedly stated he does not consider that there are grounds to dismiss the DNA Chief Prosecutor.

CSM substantiation: The request to have the DNA Chief dismissed did not mention any legal prerogative infringed

In the substantiation of the negative report it issued on the Justice Minister’s demand to have the DNA Chief Prosecutor dismissed from office, the CSM’s Section for Prosecutors states that the dismissal request makes no mention of any legal prerogative infringed, the managerial component concerned not being specified.

Likewise, according to the substantiation, even though the Justice Minister said that his dismissal request concerns all the components of the DNA Chief Prosecutor’s managerial prerogatives, “one notices the existence of a generic listing of the managerial components, without concrete individualisation: of the resources illegally used, of the behavioural deficiencies, of the legal prerogatives that were not carried out or of the inexistent or deficient managerial skills.”

The substantiation of the negative report that the Supreme Magistracy Council’s (CSM) Section for Prosecutors issued on Justice Minister Tudorel Toader’s request to have the DNA Chief Prosecutor dismissed from office has been finalised and “forwarded to decision-makers,” the CSM informed on Friday.

“Following the unfavourable report on the Justice Minister’s proposal to have Ms Laura Codruta Kovesi dismissed from the office of Chief Prosecutor of the National Anticorruption Directorate, the Supreme Magistracy Council’s Section for Prosecutors hereby informs the public opinion that decision no.52/27 February 2018 has been substantiated and forwarded to the decision-makers for them to order the legal measures,” the CSM informed.

Toader on CSM’s substantiation: The CSM beautified what the DNA Chief Prosecutor claimed and said this is fine. How is it fine, is this a correct manner of exercising one’s leadership prerogatives?

On Friday evening, Justice Minister Tudorel Toader commented on the substantiation of the negative report issued on his request to have the DNA Chief Prosecutor dismissed from office, claiming that it “mirrors” the DNA Chief Prosecutor’s answers to the 20 accusations he levelled against her. “The CSM has taken the Chief Prosecutor’s answers and has spun them, has changed them a bit, has changed their manner of presentation, and has taken them for granted, and has done absolutely nothing apart from this,” the Justice Minister told Antena3. Asked whether the start of a disciplinary procedure against the DNA Chief Prosecutor is called for, considering the latest information that has appeared in the public space, Toader said: “Let’s finish what we started.”

“I’d say in one phrase that with the substantiation they tried to create the appearance that the negative report is justified. What did they do, basically? In the first part they cited my report, in the second part they cited the DNA Chief Prosecutor’s claims, and in the third part they beautified the claims with the same content. Our criminal legislation lists many crimes, one thousand in the Criminal Code, but there is no crime of not observing the norms of legislative technique,” Tudorel Toader stated.

He claims that in its substantiation the CSM “says roughly with the same words what the DNA Chief Prosecutor said.”

“My opinion is that the CSM has taken the 20 points that I presented, has taken the Chief Prosecutor’s answers and has spun them, has changed them a bit, has changed their manner of presentation, and has taken them for granted, and has done absolutely nothing apart from this,” the Justice Minister added.

He claims that the CSM’s substantiation “mirrors” the answers that the DNA Chief Prosecutor gave to all 20 accusations he levelled against her.

“The CSM took what the DNA Chief Prosecutor said, beautified it and said this is fine. How is this fine? When the whole country is talking on all channels that a prosecutor – I won’t name him – abuses his prerogatives and you take him by hand and go at the CSM to defend his reputation, instead of carrying out your leadership mission, to see what the causes are, in order to remove them, to prevent and so forth. Is this a correct manner of exercising one’s leadership prerogatives? Whoever says this is talking in a different register,” the Justice Minister added.

Toader also pointed out that the “good side” of the CSM report is that the grounds on which they issue the negative report is Law no.303, not the CSM Regulations that Prosecutor General Augustin Lazar is invoking.

Asked whether triggering a disciplinary procedure against DNA Chief Prosecutor Laura Codruta Kovesi is called for at this moment, considering the information that has appeared in the public space in recent days, Toader said: “My opinion is we should finish what we started. (…) We are in a procedure in which we have started the dismissal on the grounds listed in the report, because I’m convinced, and a lot of people are saying this, that the reality is unfortunately far richer than what was included in the report.”

In what concerns the steps that have to be taken in the dismissal procedure, the Justice Minister talked about notifying the Constitutional Court: “We have the Constitutional Court’s decision, we finish the procedure, we notify the Constitutional Court and we’ll see.”

Likewise, asked if he has recently talked with President Klaus Iohannis, who has the final say on whether to dismiss the DNA Chief Prosecutor, the Justice Minister said that he last met him at the ceremony in which the graduates of the National Magistracy Institute were sworn in, a ceremony that took place at the President Palace on February 20.

“I last met the President at the swearing-in of the young magistrates. We had a one-hour meeting back then. We discussed very many things, we remained within the parameters of constitutional limits,” Toader said.

DNA Chief Prosecutor Laura Codruta Kovesi heard for infractions of discipline

The DNA Chief Prosecutor will be heard on Wednesday, at 10 a.m., for the infractions of discipline signalled by the Judicial Inspection, and could be censured by the CSM. She is accused of infringing the statute of magistrates on three occasions and of displaying abusive behaviour. The Judicial Inspection took note ex officio after the leaking of audio recordings in which she is heard giving directives to prosecutors in a harsh tone and asking them to come up with important dossiers, Antena3 informs.

Related posts

Ruling SocDem party head supports President’s position on voluntary quota of immigrants

Nine O' Clock

PNL’s Orban: Dragnea, Tariceanu last persons to introduce themselves as supporters of traditional family

Nine O' Clock

National Executive Committee of PSD convenes to cast a vote on the candidates for the Ministry of Regional Development and the Ministry of Transport. Dragnea: I’m endorsing Olguta for any position

NINE O'CLOCK