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June 28, 2022

JusMin Tudorel Toader: We hope on Monday to notify CCR in relation to President’s refusal to remove Kovesi. President Iohannis on decision regarding DNA’s Kovesi: No conflict and no foundation to notify CCR

Minister of Justice Tudorel Toader on Wednesday stated that Prime Minister Viorica Dancila agreed to have the Constitutional Court notified on Monday in relation to the President’s refusal to remove from office the National Anti-corruption Directorate (DNA) chief-prosecutor, Laura Codruta Kovesi.

“I spoke with Mrs. Prime Minister no later than yesterday. I presented her (…) the main aspects that the notification to the CCR could include. In the end, we have established that, these days, I should also capitalize on the political document from the President and on Monday I will meet Mrs. Prime Minister again. And, of course, I will also see her today, at the Government. On Monday we also have the visit of the Minister of Justice from Croatia, but I will find time to meet Mrs. PM as well. I will present her the notification in detail and I hope that she will approve it and we will be able to notify the CCR on Monday,” said the Minister.

He also specified that the draft for the notification already exists, but it needs to be completed with the arguments that the President brought in the document by which he rejected the request for removal of Mrs. Kovesi.

“(…) We said that we are going to challenge his decision with the Court and that’s what we are going to do. The Court will decide and we will proceed as such,” Toader also said.

Asked whether Prime Minister Viorica Dancila agreed with having the Court notified in relation to this matter, Tudorel Toader said: “Yes. She hasn’t seen the final version yet, but she agreed with the aspects that I have presented her so far.”

The Minister of Justice, Tudorel Toader, on Monday announced that he will notify the Constitutional Court of Romania (CCR) about the refusal of President Klaus Iohannis to remove from office chief-prosecutor of the DNA, Laura Codruta Kovesi.


President Iohannis on decision regarding DNA’s Kovesi: No conflict and no foundation to notify CCR


President Klaus Iohannis on Wednesday said that there is “no conflict and no foundation” for the notification of the Constitutional Court of Romania (CCR) in respect to his decision not to remove from office National Anticorruption Directorate (DNA) prosecutor-in-chief Laura Codruta Kovesi.

“In my opinion, there is no conflict and no foundation for a notification of the Constitutional Court. In the entire procedure initiate by the minister with the removal request, the request for the CSM [Superior Council of Magistrates] opinion and in the end my decision, the legislation in force in the area has been observed 100 percent and, as we all know, the law leaves it to the president to decide if he accepts or doesn’t accept this proposal of removal from office. There is no foundation,” the head of state said at Parliament, after he participated in the opening session of the first Parliamentary Summit of the Bucharest (B9) Format.

He underscored that, in his point of view, the procedure has been completed.

“It would have been particularly strange if each time a decision-making factor makes a decision that is not to the likes of a partner or an institution we would be facing a constitutional conflict. That is out of the question. I personally believe we can understand that the minister is personally dissatisfied that his request was denied, but from that point to a constitutional conflict there is a long way. I repeat, there is no conflict between the president and the Government and there is absolutely, but absolutely no foundation for a notification of the CCR. What should they notify or what should the Court judge? That I didn’t agree in a matter where the law clearly states that I can agree or disagree. Or can the Court judge on the opportuneness of the decision I made? Under no circumstance. From my point of view, the procedure has been completed,” Iohannis showed.

President Iohannis showed that he sent the Justice Minister the arguments for the rejection of the proposal to remove the DNA chief prosecutor from office.

“Maybe he didn’t check his mail. I sent him a letter the next day after I made the press statement, at the first hour, maybe he didn’t go to the ministry, it has happened before,” he said.

The head of state pointed out that the DNA is an institution with outstanding results and responsible.

“If in certain units of the DNA problems come into view, I am positive that there are absolutely all the necessary and legal instruments to put things in order. I have said it in several occasions. When problems come up, in all large systems problems come up from time to time, it is very important to act fast, firmly and to clarify things,” Iohannis added.

He showed that he didn’t discuss with the Parliament chairs about the rejection of the proposal to remove Laura Codruta Kovesi from the DNA prosecutor-in-chief office.

“It wouldn’t have been opportune, it wouldn’t have been the case to do so and I believe this shows that everyone understood the role of each institution in this demarche. It is a good thing that inopportune discussions aren’t carried out,” Iohannis said.

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