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September 28, 2022

House debates motion against JusMin Toader . Toader: Simple judiciary motion has political statement content. Don’t ask me to take responsibility for others’ actions. UDMR’s Kelemen: We won’t support Tudorel Toader at the simple motion

House lawmakers debated on Tuesday the Opposition’s simple motion demanding the resignation of the Justice Minister. The motion will be put to the vote at the plenary meeting on Wednesday. Tudorel Toader was present at the debate, having arrived there immediately after the Government meeting which modified the Gov’t Emergency Ordinance (GEO) no.7.

The text of the motion was read by PNL’s Ioan Cupsa, and the meeting was chaired by House Deputy Speaker Florin Iordache.

“Through this motion addressed to the Justice Minister, we, the members of the PNL and USR, demand the immediate cessation of the war that PSD-ALDE started against the judiciary! We were legitimately asking ourselves several months ago: which is the PSD-ALDE’s plan in what concerns the judiciary? And we were stating that, in the minds of those in power, of the members of the PSD-ALDE, the following mantra is being obsessively repeated: ‘We, the PSD, appoint the prosecutors who matter! We, the PSD, control prosecutors by appointing them, by auditing them, by censoring their work! We, the PSD, control the judges by auditing them!”. Minister Tudorel Toader, you surely know the main functions and prerogatives of the Justice Ministry, but except for the oversight you exercise in view of Article 132 of the Constitution, the oversight of prosecutors, the rest is nothing but empty words for you!”, reads the text of the simple motion read by House lawmaker Ioan Cupsa (PNL).

“The emergency ordinance on certain temporary measures regarding the National Magistracy Institute’s admission examination, the initial professional training of judges and prosecutors, the National Magistracy Institute’s graduation examination, the internship and capacity examination of intern judges and prosecutors, as well as the amending and supplementing of Law no.303/2004 on the statute of judges and prosecutors, of Law no.304/2004 on judicial organisation, and of Law no.317/2004 on the Superior Council of the Magistracy, ordinance adopted on February 14 this year, another black Tuesday, is an unspeakable demarche that contradicts the principles of the rule of law, jeopardises Romanian democracy itself, and we hope it will be the last Tuesday in which PSD-ALDE adopt such legislative acts that destroy, that bring the judiciary to its knees,” according to the mentioned source.

In the text of the motion, the Liberals criticise the latest modifications operated within the judiciary and the setting up of the Section for Investigating Magistrates.

“With insolence and flagrant lack of responsibility, you, Minister Toader, have taken part in the adoption of this legislative act that infringes upon the Constitution of Romania. We will not ask you what the extraordinary situation whose regulation cannot be objectively postponed is, minister. However, we ask you whether you recall the years you spent at the Constitutional Court of Romania. Or the Court’s decisions regarding the constitutionality of such emergency ordinances. A Justice Minister who supports an emergency ordinance that affects the way in which a state institution of constitutional rank such as the Prosecutor’s Office attached to the High Court of Cassation and Justice – the Public Ministry – functions surely discredits himself! This emergency ordinance is the final drop, it is too much even for you and the Government whose member you are! We will amply refer to this emergency ordinance in the final part of the present motion, hoping that most parliamentarians will understand the danger that the legislative act represents and how unhealthy it is for Romanian democracy for Mr Tudorel Toader to continue in his current capacity as Justice Minister,” the mentioned source adds.

Last but not least, the Opposition reproaches the Justice Minister for the “campaign” waged against Laura Codruta Kovesi, who is running for the office of Chief European Prosecutor.


Tudorel Toader: Simple judiciary motion has political statement content


The simple judiciary motion has the content of a political statement, and the judiciary must be at the service of the citizen, Minister Tudorel Toader said in a plenary session of the Chamber of Deputies at the debate of the motion entitled “Tudorel Toader and PSD – ALDE, get your dirty hands off the judiciary,” initiated by 91 National Liberal Party (PNL) and Save Romania Union (USR) deputies.

He invited the signatories of the simple motion to read his activity report, where they will find answers to the issues raised in the document, and he also told them he does not want them to be victims of an abusive system.

“I assume everything I have done or I am doing as Minister of Justice, and I do not assume what others have done or do in the field of the judiciary. It’s been two years since I have become Justice Minister. Yesterday I presented an activity report that I posted on the website of the Ministry of Justice and I would appreciate if you took the time to read it and evaluate it beyond political statements or certain public statements. In the report you will find a good part of the answers to the problems that you have evoked. Yes, Justice must be at the service of the citizen (…), it must allow the citizen to make effective use of his/her fundamental rights and freedoms. We must not reach the situation where to defend the citizen from Justice, because most of the work done is positive, but you have also seen many negative aspects and you will not be convinced, and I do not wish you to be the victim of such abusive behavior. That is why Justice must serve the citizen, and the citizen must not be afraid of how Justice is done,” said Minister Tudorel Toader.


Don’t ask me to take responsibility for others’ actions


He stated  that the special Section for the Magistrates’ Investigation was set up by amending the laws of justice in Parliament, and the emergency ordinance on this unit was adopted in order to render it operational.

“The Magistrates’ Investigation Section – you have very much insisted on the subject and, if you wish, I can understand it, given that you are in the opposition. The section was set up under the laws amending the justice package. The establishment of the section was challenged in the Constitutional Court, but the Court said – I am convinced that you know it – that not only does the establishment of the section not affect the independence of the magistrates, but on the contrary, it is a guarantee that the judges do not come under various forms of pressure that would violate their independence. Therefore, with this being the work of the lawmaker, and with the section’s constitutionality confirmed by CCR, you are asking me to move to dismantle it. (…) Do not ask me to take responsibility for others’ acts!” Toader said at the debates in the Chamber of Deputies on the motion tabled against him by the National Liberal Party and the Save Romania Union. The JusMin urged the opposition lawmakers to not shirk responsibility and carry through themselves the initiative to scrap the special unit tasked with investigating judges and prosecutors, if this is what they are after.

The Justice Minister said that the emergency ordinance adopted to render the special unit operational is currently under constitutional check and that he will follow whatever legislative solution the constitutional judges will hand down.


UDMR’s Kelemen: We won’t support Tudorel Toader at the simple motion


Chairman of the Hungarian Democratic Union of Romania (UDMR) Kelemen Hunor on Tuesday stated that his party won’t support Minister of Justice Tudorel Toader regarding the simple motion against him entitled “Tudorel Toader and PSD-ALDE, take your dirty hands off Justice,” initiated by 91 Deputies from PNL (National Liberal party) and USR (Save Romania Union), and that UDMR MPs will sanction him through their vote.

“We won’t support Mr Toader this time. This is a simple motion, this is the opportunity that Parliament has to control the activity of a Minister in a certain Cabinet. My colleagues will have a group meeting tomorrow morning, but we won’t support Mr Toader in this context. There are a lot of things in the simple motion I don’t agree with, but with respect to the GEO we don’t have any rational argument (…) the justice system cannot continue like this,” Kelemen Hunor told TVR 1 national television station.

He also added that the MPs cannot be taken as “useful idiots.”

“When we supported those modifications to the organisation of the judicial system and the professional career of magistrates, through which the two careers – that of prosecutors and of judges – were separated, we supported a healthy principle, we supported a good idea and I did it with all conviction. (…) The Minister of Justice did not come to Parliament, he didn’t take a stand, he only said that Parliament legislates and the Minister won’t intervene, this is your business in Parliament. Until we all saw, three weeks ago how, suddenly, the Ministry of Justice and the Government are legislating and overthrow everything that we did (…), Mr Toader is legislating instead of Parliament. And all this just to wake up today and see that the OUG No.7 was changed back to its initial version (…) We cannot continue like this, to look like we discussed for nothing, work for nothing, that we just simply were the useful idiots of I don’t know who,” said the head of UDMR.

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