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November 30, 2022

JusMin Toader says there is no CCR decision that is not observed

Justice Minister Tudorel Toader mentioned on Thursday that there is no decision of the Constitutional Court of Romania (CCR) which doesn’t produce legal effects and isn’t observed, a statement made in the context in which the CCR established that there is a conflict between powers regarding the denial to remove from office the chief prosecutor of the National Anticorruption Directorate (DNA) and also ruled that the President is to issue the decree to remove Laura Codruta Kovesi from office.

“There is no decision of the Constitutional Court that doesn’t have legal effects, as there isn’t any decision of the Constitutional Court that is not observed by any individual, legal person or authority. We only have the release [of the CCR]. We await for the grounds, the moment when the decision is published in the Official Journal of Romania and then, we can certainly make more statements. But for now, within the bounds of the release, I believe that it’s good to sit on the bench and let everyone carry out their duties,” Tudorel Toader stated at the Superior Council of Magistrates (CSM) headquarters.


“Political decision” may be taken in case Iohannis doesn’t comply with CCR decision


He underlined  that “a political decision may be taken” in case President Klaus Iohannis does not comply with the decision of the Constitutional Court of Romania (CCR) regarding the chief-prosecutor of the National Anti-Corruption Directorate (DNA), Laura Codruta Kovesi.

“Just in theory, we have the electoral sanction. The people who, many times, we are only paying attention to during the elections, while they still see us, evaluate us, judge us, the people understand very well and very profoundly when we are just speaking for the sake of the public discourse, in the sense that the people do realize when we are convinced ourselves of what we are saying and when we’re not. And these people can also judge us from an electoral point of view. Another sanction – that I don’t even want to pronounce, but we will all know soon enough if we need to resort to it – it can also be a political decision,” Tudorel Toader told Antena 3 private television station.

Moreover, the Minister of Justice specified that the decree of the head of state related to the CCR decision will become “void,” in case of a “resignation.”

“As soon as the decision is published, the head of the state will have a duty (…) to issue the decree. In that moment, his reflection time is over (…) and he definitely has two choices: one – to observe the decision of the Court, and the second (…) – not to observe it and not issue the removal decree. Of course, we do not exclude the second variant. In order to avoid such approach, there is also a third possibility that a resignation arrives and then the decree will remain void,” said Tudorel Toader.

In this context, the Minister of Justice voiced belief that President Iohannis won’t break the Constitution.

Read also: 

CCR decision: There is a conflict between Gov’t and Presidency. “DNA Chief Prosecutor should have been dismissed by President”. According to Constitutional Judges, the solution to the conflict is the issuance of the decree for revoking Laura Codruta Kovesi. Reactions after the CCR ruling



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