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September 23, 2020

Former DNA Chief Prosecutor Kovesi lodges with ECHR challenge against her dismissal from office

Laura Codruta Kovesi has lodged with the European Court of Human Rights (ECHR) a challenge against the decision to dismiss her from the office of DNA Chief Prosecutor. The challenge was lodged in December and points out that human rights were infringed.

“In December 2018, in my personal capacity, I lodged with the European Court of Human Rights a complaint in which I pointed out that several rights stipulated in the European Convention of Human Rights were infringed in what concerns my dismissal from the office of Chief Prosecutor of the DNA, as a result of Decision no.358/30 May 2018, issued by the Constitutional Court. The reasons I invoked consist of the fact that the Constitutional Court decided my dismissal from office even though I was not a party to the conflict that the Constitutional Court solved, I was not summoned before the Constitutional Court and I did not have the possibility of having at least the capacity of “intervener” in order to express a point of view in my defence,” Laura Codruta Kovesi points out in a reply issued by the Public Ministry’s Press Bureau.

According to the former Chief Prosecutor of the DNA, the Constitutional Court’s decision could not be challenged, the non-existence of a manner of appeal being established by the very substantiation of the Constitutional Court’s Decision.

“Thus, I also complained that the internal law contains no legal grounds that would allow an appeal against Constitutional Court Decision no.358/30 May 2018. The procedure through which the Constitutional Court issued Decision no.358/30 May 2018 did not observe the guarantees of a fair trial under the aspect of access to court, considering that internal law does not have “an effective appeal,” legal grounds and an internal procedure based on objective criteria that would offer me the right to challenge as regards the rights and obligations of a civil character concerning the disciplinary measures ordered by the Justice Minister and decided by the Constitutional Court via a final decision not open to appeal,” the reply reads.

In July 2018, Romanian President Klaus Iohannis issued the decree dismissing Laura Codruta Kovesi from the helm of the DNA, in line with the CCR decision. As soon as she was dismissed, Kovesi was delegated prosecutor within the Guidance and Control Service of the Prosecutor’s Office attached to the High Court of Cassation and Justice.

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