CCR about President: Misconduct President is accused of is not a matter of constitutionality, but of legality

The misconduct the President is accused of in the case of his refusal to remove from office the chief-prosecutor of the National Anti-corruption Directorate (DNA) is not a matter of constitutionality, but one of legality, the solving of which rests with the courts, reads the opinion sent by President Klaus Iohannis to the Constitutional Court of Romania (CCR). 

"The mentioned aspects (...) that were proclaimed by the author of the notification as a legal conflict of a constitutional nature do not meet the requirements for such a classification, for they do not refer to: the constitutional authorities that can be subject to it, with respect to the Minister of Justice; they do not refer to a conflict of competencies (either positive or negative) between the public constitutional authorities or a conflictual situation that arises directly from the Constitution; there is no institutional blockage; the accused misconduct is not a matter of constitutionality, in itself, but one of legality, which should be referred to the courts," says the document. 

According to the same source, the notification did not show clearly what public institution was allegedly part in the conflict with the Romanian President, what was, in more details, the institutional blockage that was mentioned and the reason behind filing this notification, given that the manner of interpretation and implementation of the legal dispositions represents an act of justice, for which reason the President requested that the notification be rejected as inadmissible. 

The President's written opinion also mentioned, among other things, that there is a consistent jurisprudence with respect to the President's attribute of removing officials, and in both cases of appointment and removal, the President must carry out an assessment of legality and another one of opportunity. 

"The only limitation existing in terms of both the legality and opportunity of measures the President may take in this field is related to the actual legal norms, which establish his competence in making the assessment of legality and opportunity. The Romanian President must apply these norms every time when such a proposal of appointment or removal is submitted to him, with no other limitation being possible," reads the same document. 

Based on these arguments, President Iohannis asked the CCR to rule there was no such conflict of a constitutional nature in this case. 

The CCR head, Valer Dorneanu, announced that the debate on the conflict between powers, in the case of the rejection by the President of the dismissal of the DNA chief, Laura Codruta Kovesi, was postponed until May 20. 

At CCR's Thursday meeting, both parties supported their point of view. On behalf of the Government pleading was the Minister of Justice, Tudorel Toader, while the Presidency was represented by presidential adviser Simina Tanasescu, who asked for the request to be rejected as inadmissible.