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September 29, 2022

JusMin Toader: What the President is doing is setting most dangerous precedent for rule of law

Justice Minister Tudorel Toader believes that the way in which President Klaus Iohannis is acting after the ruling of the Constitutional Court on the removal from office of the chief prosecutor of the National Anti-Corruption Directorate (DNA) is “[setting] the most dangerous precedent for the rule of law.”

“In my long experience in the judiciary, I believe that what the President is doing today is [setting] the most dangerous precedent for the rule of law. It is the most dangerous precedent because it is the first time that a high-ranking official, not to say the highest level, is calling into question the observance and application of the Fundamental Law, the application and observance of a Constitutional Court ruling,” Toader told Digi 24 private broadcaster on Wednesday.

In his opinion, if the ruling of CCR is not heeded to, there will be a disputation among the state powers, which will have to find solutions.

“The minister of justice is an authority as defined by the Constitution, but this time the non-observance of the Constitution gets the size of a constitutional disputation among the state powers and the state powers are going to look for a resolution of this non-observance of a court ruling,” Toader said.

Asked if the role of the Supreme Council of Magistrates (CSM) in the removal of high level prosecutors was diminished under the same CCR ruling, Toader replied: “CSM plays an advisory role, the opinion it gives is an advisory opinion, which means that the role of CSM has not increased nor decreased.”

Read also: 

President Iohannis, new harsh attack on PSD: There is no deep state, that’s the fabrication used by PSD to justify anti-judiciary overtures. In Romania there is a single state, and I represent it. A politician who is also a criminal can’t threaten prosecutors and judges SocDem Party reacts: CCR decisions are not open to debate. President Iohannis’s irresponsible statements undermine the Constitutional Court’s authority

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