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Bucharest
October 27, 2020
JUSTICE

Head of Magistrates’ Investigation Section: PG hampered unit’s activity, requiring Gov’t to intervene via emergency ordinances. Lazar dismisses accusations of having thrown grit in the gears of the Magistrates’ Investigation Section

Chief prosecutor of the Magistrates’ Investigation Section, Gheorghe Stan, said on Thursday evening that Prosecutor General Augustin Lazar had hampered the institution’s activity so much so, that the legislator had to exceptionally intervene through three emergency ordinances in order to remove these obstacles.

Stan said there had been positive signals about the establishment of this special unit, but the PG had raised obstacles to its activity.

“Despite many positive signals from the magistrates, who welcomed the establishment of this section, right from the moment the section became operational we encountered obstacles raised by the management of the Public Prosecution Office, actually the PG, as regards logistics, the conception of the organizational chart, but also with the interpretation of the principles that govern the activity of the Public Prosecution Office,” Stan said in a press statement.

According to him, to help overcome the obstacles, the government had to intervene via three ordinances, OUG No. 7 included.

“Given the circumstances, in order to overcome these obstacles, the legislator had to exceptionally intervene via three regulatory acts that clarify the legal provisions required by the special section to work properly. Thus, OUG No. 90 had to be issued in order to keep with the legal requirement to render this special section operational by October 23, 2018. (…) OUG No. 92/2018 was required for the purpose of clarifying certain provisions regarding the procedure for the selection of prosecutors with execution duties who were to work at this section. As far as the section’s activity is concerned, OUG No. 7 was necessary to correlate the rules regarding the competence of the section’s chief prosecutor in connection with the provisions of article 339 paragraph (1) and (3) of the Code of Criminal Procedure, according to which complaints against the measures ordered by, or the acts carried out by the prosecutor, or carried out based on his orders shall be handled by the respective prosecutor’s hierarchical superior,” Stan said.

 

PG Lazar dismisses accusations of having thrown grit in the gears of the Magistrates’ Investigation Section

 

Prosecutor General Augustin Lazar dismissed Thursday evening accusations by of the head of the Magistrates’ Investigation Section, Gheorghe Stan, that he had allegedly thrown grit in the gears of the newly established unit, hampering its supply with logistics and the conception of its organisational chart.

The chief prosecutor of the Magistrates’ Investigation Section, Gheorghe Stan, had said in a press statement that Prosecutor General Augustin Lazar had hampered the institution’s activity.

“Despite many positive signals from the magistrates, who welcomed the establishment of this section, right from the moment the section became operational we encountered obstacles raised by the management of the Public Prosecution Office, actually the PG, as regards logistics, the conception of the organizational chart, but also the interpretation of the principles that govern the activity of the Public Prosecution Office,” Stan said.

In a message released on the Facebook page of the Public Prosecution Office, Augustin Lazar rejects these claims as ungrounded, stating that he has been open to dialogue and ready to provide support for the proper operation of the section.

“The Prosecutor General of the Public Prosecution Office rejects the ungrounded accusations by the chief prosecutor of the Magistrates’ Investigation Section, according to which he would have raised obstacles to the supply of logistics, the conception of the organizational chart or in the interpretation of the principles governing the activity of the Public Prosecution Office. In the relation with the newly established section, he has always shown openness to dialogue and helped ensure all the conditions required for this section to work properly, sometimes through special efforts and at the expense of other departments. Thus, timely steps were taken to set in place the legal and administrative framework for the functioning of the section, and for the adoption of its organizational chart and of its statute,” Lazar writes.

According to the PG, the new unit did not require the allocation of additional financial and human resources, as its needs were covered by correspondingly diminishing the resources of the other departments.

“The accommodation of the Magistrates’ Investigation Section at separate premises is also due to the steps taken and the allocation of the necessary resources by the Prosecutor General, as the section is not a credit release authority. The Prosecutor General demands all senior prosecutors to keep to high professional standards, observe the law and fulfill their duties with responsibility, independence and impartiality. According to the statutes and the legal framework, independence and professionalism standards are the same for all the prosecutors of the Public Prosecution Office, but expectations that they meet them are even higher in the case of a specialized structure tasked with investigating magistrates,” the PG concludes.

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