National Anticorruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi spent more than two hours at the Supreme Magistracy Council (CSM) on Wednesday. She was invited there by the CSM’s Section for Prosecutors in disciplinary matters, after the Judicial Inspection started – in April – two disciplinary actions against her, concerning her refusal to take part in the hearings of the parliamentary committee of inquiry into the presidential elections of 2009 and her decision to task aide Dana Titian to carry out verifications at two territorial branches. Overall, Kovesi is involved in three disciplinary actions.
Kovesi made no comments for the journalists present at the CSM.
The case concerns Article 99, Section g – unjustified refusal to carry out a work duty, and Section m – failure to observe the provisions of Law no.303/204 on the statute of judges and prosecutors in what concerns the random distribution of cases.
On April 11, the Judicial Inspection announced that it started a disciplinary action against National Anticorruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi, the CSM being set to decide the way she will be held accountable. Judicial inspectors state that Laura Codruta Kovesi committed a series of disciplinary offences concerning thematic audits, after she designated judge and aide Dana Titian to carry out verifications at two territorial branches.
On April 18, the Judicial Inspection announced that it started a disciplinary action against National Anticorruption Directorate (DNA) Chief Prosecutor Laura Codruta Kovesi, after repeated refusals to take part in the hearings of the parliamentary committee of inquiry into the presidential elections of 2009. Judicial inspectors state that, by not going before the committee and by not providing it with the requested information, Kovesi affected the professional honour and the prestige of the office of magistrate.
The Judicial Inspection triggered its first disciplinary action against the DNA Chief Prosecutor on January 12, a similar action starting against DNA Deputy Chief Prosecuor Marius Iacob. Among other things, the DNA Chief Prosecutor was accused of behaviour that harms the honour, professional probity or prestige of the judiciary, committed on duty or off duty.
One of the offences noted by the JI in Kovesi’s case concerns the leaked audio recordings of a working meeting that took place on 18 June 2017.
Likewise, the DNA Chief Prosecutor is accused of “addressing her fellow prosecutors in a patronising and aggressive manner, inadmissible in relation to a magistrate’s minimal standards of ethics and deontology, liable to generate in the public opinion a feeling of outrage and legitimate doubt regarding the observance of the principles of the supremacy of the Constitution and of the laws, and of the impartiality of prosecutors.”
The DNA Chief Prosecutor is also accused that, “by appointing as prosecutor in charge of a case a magistrate who was in an obvious state of incompatibility,” she allegedly broke the DNA’s Internal Regulations which refer to the Chief Prosecutor’s prerogatives and stipulate that he/she “monitors the allocation of cases or, if need be, allocates cases based on objective criteria such as the prosecutor’s specialisation and training, volume of work, the complexity of cases and the efficiency in solving cases, the conflict of interests or incompatibilities.”
In this case, Laura Codruta Kovesi and Marius Iacob showed up at the Section for Prosecutors on March 21 and May 9, when a new hearing was scheduled for May 27. “As you know, there is an ongoing disciplinary procedure, hence the parties have the right to formulate exceptions, requests, something that has happened during today’s hearing too. Consequently, to analyse all the exceptions and requests formulated by the Judicial Inspection but also by the accused prosecutors, the date has been set for June 27,” CSM Vice President Codrut Olaru stated at the time.