Prosecutor General Augustin Lazar warned, on Friday, about the dangers that the systematic attacks of public persons against the Public Ministry, attacks that he considers to be of a nature to affect the principle of the powers’ separation in state.
“Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice Augustin Lazar warns about the danger that the systematic attacks of public persons against the Public Ministry, attacks which have the nature to affect the principle of the separation of powers in the state, whose observance is essential in a democratic society,” a press release of the General Prosecutor’s Office informs.
According to the quoted source, Augustin Lazar highlights that the delegation of prosecutors is conducted by the Prosecutor General, on the grounds of article 57, paragraph 7, of Law no. 303/2002 concerning the statute of prosecutors and judges. “In the interest of the service, prosecutors can be delegated, with their own written agreement, in leadership positions included, by the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice, to the prosecutors’ offices within the Public Ministry, for a 6-month period, at most.”
Furthermore, the assignment of prosecutors is carried out in compliance with art. 95, paragraph 2, of Law no. 304/2004 concerning the judicial organization: “The leader of every prosecutor’s office assigns prosecutors on sections, services and offices, according to their training, specialization and their aptitudes.”
Moreover, for perfecting the criminal legislation, the Public Ministry has the legal attribute of studying the causes and factors which favor criminality and to make proposals concerning their elimination, as provided for in art. 63, letter “i”, of Law 304/2004 concerning the judicial organization: “The Public Ministry (…) studies the causes which generate or favor criminality, elaborates and presents to the Justice Minister proposals concerning their elimination, as well as perfecting the legislation in the sector.
The General Prosecutor’s Office also shows that art. 131, paragraph 1, of the Romanian Constitution, establishes the role of the Public Ministry to represent in the judicial activity “the general interests of the society to defend the rule of law, as well as the rights and liberties of citizens”.
Alliance of Liberals and Democrats (ALDE) Chairman Calin Popescu Tariceanu declared on Thursday that delegating former head of National Anticorruption Directorate to the General Prosecutor’s Office represents an “act of arrogance and defiance” on the part of General Prosecutor Augustin Lazar.
“The decision that he made, to name Kovesi in a position at the General Prosecutor’s Office is a gesture of arrogance, of defiance. Meaning, she is revoked for very serious reasons, of which two clear and unequivocal decisions of the Constitutional Court which concerned her directly, plus other reasons presented in Minister Tudorel Toader’s request for removal from office and you appoint her to a different position,” Tariceanu said at private TV broadcaster Antena 3.
He said that he has noticed for a long time that General Prosecutor Augustin Lazar has a “taste for politics”, which denotes that he does not know his statute and duties.