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October 1, 2022

Tudorel Toader criticises Klaus Iohannis: A physics teacher doesn’t know constitutional notions, but the President has aides

Justice Minister Tudorel Toader said on Wednesday that President Klaus Iohannis has aides who can advise him in what regards the observance of the decision of the Constitutional Court, emphasising that, just like a physics professor does not know elements of a constitutional nature, he does not know physics elements either.

“I don’t believe the President or any Romanian with an elementary approach needs the Prime Minister to tell him that the Constitutional Court decisions are final, mandatory, generate juridical effects, juridical obligations, from the moment they are published in the Official Journal. I admit the idea that a physics professor may not know notions of juridical finesse of a constitutional nature. In my own turn, as a jurist, I do not know elements of physics, apart from those I remember from high school. But the President has aides, that is why he has them, [for them] to be specialists and to counsel him promptly and correctly about the effects that the decision generates, about the obligations he has from that decision and on the risks the non-observance of the decision generates,” Tudorel Toader stated for Antena3.

Likewise, the Justice Minister added that the rule of law must be consolidated, not “called into doubt,” and that it is unacceptable for a decision to be observed only if it is favourable.

“We must consolidate the rule of law, not call it into doubt. Today we observe a decision because it suits us, tomorrow we don’t because it doesn’t suit us, the same with a law, the same with a Government ordinance. Because, if the one at the top of the rule of law’s pyramid disregards the constitutional litigation court, then morally speaking the same dignitary no longer has any authority to ask Romanians to observe a law. I have heard a statement of his, but I don’t believe he wanted to give this meaning. A journalist asked him: Do you observe the Constitution? He said: of course I do, I watch over the observance of the Constitution. Of course, in a rigorous interpretation one might deduce something that I don’t believe the President thought, that he watches over so that others observe the Constitution,” Tudorel Toader added.


Toader on statements by politicians on justice: A problem of delimitation of powers requiring rigorous discussion


Justice Minister Tudorel Toader believes that, as far as the balance of powers is concerned, there is a “temptation” of everyone to “expand,” which is proved by the constitutional conflicts brought to the attention of the Constitutional Court (CCR), adding that a “rigorous” discussion on the statements made by politicians on justice is needed.

“It is a very important matter that has to be debated and prepared in advance. Today’s agenda has been supplemented without having received the materials beforehand, on which we can express ourselves. As you may have probably seen, I have said that these are the two most problematic issues, most important items on the agenda, but they were added to the supplementary list and they must be analysed, debated rigorously, with arguments and counterarguments. (…) The problem here regards the merits: it is, after all, a problem of delimitation of powers. We have to look at it from both sides; if we are to discuss the balance of the three powers, let us not discuss only from a certain perspective, let us discuss whether or not there is- real fact – an undeniable temptation of expansion. Just take a look at the legal conflicts of a constitutional nature brought up to the CCR attention. Every time a power has claimed that the other power has encroached upon its jurisdiction,” Toader said upon leaving the headquarters of the Supreme Council of Magistrates (CSM) responding to questions about recent statements by national leader of the Social Democratic Party (PSD), major at rule, Liviu Dragnea on prosecutors with the Directorate for Investigating Organised Crime and Terrorism (DIICOT) and whether he is worried about some positions voiced by politicians.

Regarding the statements made by politicians on justice, Toader stressed that a rigorous discussion at CSM on this issue is needed.

“Therefore, I have proposed the CSM, and I am glad that it was voted and approved for the materials to be distributed as needed so that we may have time for reflection, a time to observe and come up with counterarguments. We have received the materials. I am expecting short time a CSM meeting to be soon called to discuss rigorously and applied apply if and who was wrong ” Toader said at the end of a CSM session on Thursday.


JusMin Toader says Drago Kos not head of OECD’s anti-corruption body


Justice Minister Tudorel Toader presented on Wednesday his correspondence with the Organisation for Economic Co-operation and Development (OECD) that shows Drago Kos is not the head of the OSCE anti-corruption body, and the latter’s statements would have not been made on behalf of the organisation.

“From my correspondence with OECD: Drago Kos is not the head of the anti-corruption body of the OECD. Drago Kos is the president of the International Trade Trading Group. Drago Kos did not speak on behalf of OECD!,” Toader said in a Facebook post on Wednesday.

He also quotes a response from the organisation in which OECD disengages from the way in which Drago Kos’s statements have been reflected in the Romanian media.

“We cannot comment on the way in which Mr Kos’s views were reflected in the press in Romania,” Toader says, quoting from the OECD response.

On June 4, Toader said that he sent a letter to the Organisation for Economic Co-operation and Development (OECD) demanding to know whether recent controversial statements by head of the OECD anti-corruption watchdog Drago Kos on a ruling by the Constitutional Court of Romania (CCR) regarding the head of Romania’s National Anti-Corruption Directorate (DNA) were made on behalf of the organisation.

“Are they threats from OECD or internal manipulation? On Monday morning, I will address OECD to demand it to formally communicate whether Mr Drago Kos’s statements were made in his own name or on behalf of OECD, as the title of a story carried by Ziare.com alludes (…) An article published on June 1 states that, on behalf of OECD, Mr Drago Kos made a series of statements of great gravity on the Romanian Constitutional Court. At the same time, the same publication quotes the same sources, also on behalf of the OECD, as claiming that your justice Minister will soon learn in a tough way that he is seriously mistaken,” according to another of Toader’s Facebook posts.



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