Subscription modal logo Premium

Abonează-te pentru experiența stiripesurse.ro Premium!

  • cea mai rapidă sursă de informații și știri
  • experiența premium fără reclame sau întreruperi
  • în fiecare zi,cele mai noi știri, exclusivități și breaking news
DESCARCĂ APLICAȚIA: iTunes app Android app on Google Play
NOU! Citește stiripesurse.ro
 

CCR publishes reasoning of decision on conflict between powers regarding refusal to dismiss DNA head

www.ccr.ro
CCR

The Constitutional Court of Romania (CCR) published on Thursday the reasoning of the decision through which it established that Romania's President is to issue the decree to remove chief prosecutor of the National Anticorruption Directorate (DNA) Laura Codruta Kovesi from office, following the finding of a legal constitutional conflict determined by the head of state's refusal to follow up with the Justice Minister's request to remove the DNA chief prosecutor form office.

Besides the reasoning of the decision adopted by a majority of votes, the document published on the CCR website also contains a concurrent opinion of constitutional judges Marian Enache and Simona-Maya Teodoroiu, as well as separate opinions signed by Livia Stanciu, Daniel Morar and Mircea Minea.

The CCR decided on 30 May that Romania's President is to issue the decree to remove chief prosecutor of the National Anticorruption Directorate (DNA) Laura Codruta Kovesi from office, following the finding of a legal constitutional conflict determined by the head of state's refusal to follow up with the Justice Minister's request to remove the DNA head form office.

The plenary sitting of the CCR debated the request to solve the judicial constitutional conflict between the Justice Minister and Romania's President, firstly, as well as that between the Government and Romania's President, secondly, determined by the head of state's refusal to follow up with the request to remove chief prosecutor of the DNA Laura Codruta Kovesi from office.

The Court decided that the Gov't Prime Minister holds the right to notify the CCR for the settlement of a legal constitutional conflict.

In respect to the Justice Minister's quality as part within the legal constitutional conflict, it was established that the latter is expressly nominated through the article 133, the paragraph (1) of the Constitution, which stipulates the following "Public prosecutors shall carry out their activity in accordance with the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice."

"The Court decided that, in case of the dismissal of the prosecutor from leadership positions, stipulated by the article 54, the paragraph (1) of the Law No.303/2004, the Justice Minister acts within some strict limits imposed by law, in the form of cases that objectively justify the dismissal of the prosecutor from a management position. The President of Romania, under the provisions of the article 94 letter c) of the Constitution, doesn't have a discretionary power within the dismissal procedure, but a power to verify its regularity. It results that the prerogative of the President of Romania to revoke the prosecutor from a leading position is exclusively limited to a control regarding the regularity and legality of the procedure," the CCR says.

In the CCR view, the President doesn't have the constitutional authority to bring forth opportunity arguments in relation to the dismissal proposal initiated by the Justice Minister under the law.

"Or, in this respective case, Romania's President refused to issue the dismissal decree of the chief prosecutor of the National Anticorruption Directorate (DNA) on opportunity grounds, and not on legal grounds, which created a blockage in respect to the Justice Minister's exerting his authority over the prosecutors' activity. Therefore, the conduct of Romania's President, that of not exercising his authority according to the Constitution, determined the Justice Minister's impossibility to exercise his constitutional authority granted by the article 132, the paragraph (1) of the Constitution, which determined a legal constitutional conflict," the release mentions.

The CCR also shows that, taking into account the its jurispundence, it also established the constitutional conduct that must be followed in this case, namely the issuance by President Klaus Iohannis of the decree to remove chief prosecutor of the DNA from office.

ACTIVEAZĂ NOTIFICĂRILE

Fii la curent cu cele mai noi stiri.

Urmărește stiripesurse.ro pe Facebook

×

Help your friends know more about Romania!

Share this article on Facebook

Share this article!

×
NEWSLETTER

Nu uitaţi să daţi "Like". În felul acesta nu veţi rata cele mai importante ştiri.