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September 18, 2019
JUSTICE POLITICS

JusMin Toader: How is it possible for a group of prosecutors to request suspension of Constitutional Court’s rulings?. What Klaus Iohannis says is not scripture; I am no jack-of-all-trades either

It is unacceptable for a group of prosecutors to demand the suspension of the Constitutional Court of Romania (CCR)’s rulings, on Tuesday said the Justice Minister Tudorel Toader, in the meeting of the Section for Prosecutors with the Superior Council of Magistrates (CSM).

“I’ll invite you to join me in a discussion with the prosecutors of the Prosecutors’ Office attached to the Court of Brasov, because it is unacceptable (…), they come from the National Institute of Magistracy (INM), they are trained on the European component, judicial norms, but to demand such things – to suspend the rulings of the CCR – this is implying something else. So, we need very well trained prosecutors, to enhance their status, their independence, since these are stipulated in the Constitution. (…). (We should) have a talk, at least so as to make things clear, so that we see how it is possible for a prosecutor or a group of prosecutors to request the suspension of the rulings of the CCR and other such demands,” Toader said at the meeting in which Felix Banila is being interviewed for the DIICOT (Terrorism and Organised Crime Investigation Directorate) chief prosecutor position.

The Justice minister accused, in the same context, the existence in the public space of certain misinformation regarding the danger that the prosecutors’ independence could be affected.

On 18 May, the General Assembly of the Prosecutors with the Brasov Court’s Prosecutors Office requested the suspension of the adoption of a Constitutional Court’s new ruling referring to the Justice Laws package until the Venice Commission sends its opinion.

“In accordance with the provisions of the Romanian Constitution, the International Treaties Romania is part of are mandatory and take precedence over the internal legal regulations, so that implicitly, the GRECO recommendations are also mandatory for the Romanian legislator,” the Prosecutor’s Office attached to Brasov Court said.

 

“What Klaus Iohannis says is not scripture; I am no jack-of-all-trades either”

 

Justice Minister Tudorel Toader said on Tuesday, in connection with statements by President Klaus Iohannis on the ruling by the Constitutional Court (CCR) regarding the removal from office of chief anti-graft prosecutor Laura Codruta Kovesi that what the head of state says is “not scripture,” adding that he is no jack-of-all-trades either.

Asked upon leaving the Supreme Council of Magistrates (CSM) if the CCR’s ruling in Kovesi’s case subordinates prosecutors, as President Klaus Iohannis had claimed, Toader replied: “So what if President Klaus Iohannis has said that; his words are not scripture. President Iohannis is the president of the republic, but neither I nor you are jacks-of-all-trades, if we are to be realistic. I am not saying that he was wrong, he said what others probably told him.”

President Klaus Iohannis said on Tuesday that he expects the Constitutional Court to release the motive for its ruling on the removal of Kovesi, stressing that prosecutors should not be “politically controlled” and that the minister of justice’s authority should be used for defend them.

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