Justice Minister Tudorel Toader presented on Wednesday the report regarding the managerial activity of the chief-prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice.
Toader mentioned that the report regarding the managerial activity of Prosecutor General Augustin Lazar is structured on five chapters and has a total of 63 pages.
“The report is structured on five chapters, on five parts. The first part refers to the legal basis, the legal ground. The second part refers to the premises of this report. The third part [refers] to the assessment itself. The fourth – the conclusions. The fifth part – proposals. The report has 63 pages,” Minister Tudorel Toader stated.
He announced on that he would start the procedures for the removal from office of Prosecutor General Augustin Lazar.
“Pursuant to the provisions of Article 54 (4), in conjunction with Article 51 (2) (b) of Law 303/2004, as further amended and supplemented in regards to the statute of judges and prosecutors, I am hereby commencing the procedure for the removal from office of Romania’s Prosecutor General Mr Augustin Augustin Lazar,” Toader said at the Ministry of Justice.
He added that the assessment report and the proposal for the removal of the attorney general, will be submitted to the Prosecution Section of the Supreme Council of Magistrates (CSM) in the evening to study for an analysis and a consultative opinion, as well as to the President of Romania for a decision in accordance with his legal powers on the matter.
Toader added that the facts listed in the report are “intolerable” for the rule of law, and Lazar’s managerial activity violates his constitutional and legal obligations.
“We consider that the actions and deeds listed in this report, intolerable for the rule of law, show that Mr Augustin Lazar’s managerial activity violates his constitutional and legal obligations. Given the circumstances, the continued occupation and exercise by Mr Lazar of the highest office of the Public Prosecution Service is no longer tenable. All the evidence presented support the seriousness of the behaviours, the public messages of the attorney general who, through the management implemented, hijacked the activity of the Public Prosecution Service away from its constitutional role,” said Toader.
Justice Minister Tudorel Toader also stated on Wednesday that in the candidacy file submitted by Augustin Lazar for Romania’s Prosecutor General office, there was no indication of a document proving that the criterion for obtaining the “Very Good” mark at the latest activity assessment was met.
“On 17 February 2016 – the Justice Ministry initiated the selection procedure for the Prosecutor General office. The criteria and conditions that were enunciated, which we have in the personnel file at the Ministry of Justice, stipulated, among other things, the legal conditions and the ‘Very good’ mark at the last assessment. On 15 March 2016 – the candidacy of Mr Prosecutor Augustin Lazar was registered at the Justice Ministry. On 21 April 2016 – the Prosecutors’ Section of the CSM [the Superior Council of Magistracy] issues a positive opinion regarding the Justice Minister’s proposal. One week after: on 28 April – Romania’s President signs the appointment decree for the Prosecutor General office. Coming back from 2016 to nowadays when we make the assessment and what do we find? That in the candidacy file, at the respective moment, there was no indication of a document proving that the criterion for obtaining the “Very Good” mark at the latest activity assessment was met. Which means that there was a piece missing from the file in the assessment and appointment – the mark, the assessment over the latest period,” Toader said when presenting the report on the managerial activity of the Chief Prosecutor of Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ).
PG Lazar: JusMin arguments to demand for my resignation, “clear-cut, biased exaggerations”
Prosecutor General Augustin Lazar on Wednesday night said that the evaluation report of his managerial activity presented by Justice minister Tudorel Toader, on the grounds of which the latter is requesting for his resignation, is the answer the Gov’t understands to give to the Venice Commission’s recommendations, adding that the minister’s arguments are “clear-cut, biased exaggerations”.
Augustin Lazar brought to mind that for as many as 36 years he has only received the “very good” mark, adding that he has never been challenged in what is his professional fabric.
PNL, USR react to JusMin Toader’s request of revoking PG Lazar
The chairman of the National Liberal Party (PNL) criticized on Wednesday the decision of the Minister of Justice, Tudorel Toader, in regards to launching the revoking procedure of the Prosecutor General of Romania, Augustin Lazar, saying that this proposal is “absurd”, “stupid” and “lacking arguments”.
“It is a new villainy, committed by the embarrassing Justice minister Romania has had, an absurd revoking proposal, stupid, that is not backed by any sort of arguments. Toader did nothing more than to buy himself another month of mandate from Liviu Dragnea, executing the order of beheading the Public Prosecutor’s Office attached to the High Court of Cassation and Justice (the Supreme Court, ed. n.). (…) Tudorel Toader showed that he is not the minister of Justice, that he is not the minister of Justice of Romanian citizens and that he is nothing else than a lawyer to the Mob and an executioner that was hired to decapitate all of the Justice institutions, at Dragnea’s orders, with the obvious purpose of blocking any sort of fight against corruption in Romania, of politicizing these fundamental institutions that make the rule of law work in Romania and to transform them into PSD (Social Democratic Party, major at rule, ed. n.) instruments of suppressing the Opposition in the society. Today, the gesture of the minister of Justice, that has no legal and constitutional foundation, that has no sort of argument, shows us how right we were when we decided to submit a vote of no confidence against this individual that is mocking Romanian Justice,” Orban declared for Agerpres
He said that Toader defies all of the Venice Commission’s recommendations.
“It is unbelievable how Tudorel Toader, who was rewarded for all the rubbish that he made since being appointed minister of Justice, by Dragnea and his anti-Justice gang, with a new mandate to the Venice Commission, it is unbelievable how a member of the Venice Commission can literally defy all recommendations from the Venice Commission, that were adopted two days ago. Among the Venice Commission’s recommendations there is the recommendation through which the Romanian authorities are requested to not let the procedure of appointing and revoking the heads of the Public Prosecutor’s Offices at the whim of the minister of Justice and the law to balance this procedure, strengthening the role of CSM (Superior Council of Magistracy) and the president of Romania,” PNL leader said.
The leadership of the Save Romania Union (USR) said that the minister of Justice, Tudorel Toader, changed the head prosecutors, based on the orders that came from PSD and ALDE (Alliance of Liberals and Democrats, minor at rule, ed. n.), thus saving his position from a reshuffle.
USR also considers that it is “unacceptable” that among the reasons for revoking the Prosecutor General Augustin Lazar to be criticizing “high-ranking criminals”, appreciating that basically he was revoked because he “criticized criminal Liviu Dragnea.”