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Top court President Cristina Tarcea said JusMin Tudorel Toader's manner of seeking the opinion of the Superior Council of the Magistrates on OUG No. 7 falls short of the requirement for sincere cooperation, arguing that although the ordinance does not have catastrophic effects on the justice system, "it was the last straw."
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Speaking Monday night on private broadcaster Antena 3, Tarcea described the circumstances under which the Justice Minister had asked for CSM's opinion on the OUG No. 7.
"The draft Emergency Ordinance had been handed over the day before. I understand that on that evening, the CSM Legislation Department worked out a point of view on the opinion to be issued. The CSM plenary meeting was held the next day at 9 a.m., with the Minister of Justice also attending. (...) One of the subjects of debate was whether or not we put the opinion on Ordinance 7 on the agenda. We almost unanimously agreed that, as we hadn't at least read the ordinance - I for myself hadn't even seen it - we cannot just hastily produce an opinion in an hour or two. The minister was there with us and he participated in that conversation. I consider the fair way to act would have been for him to tell us to issue the opinion, because the government meeting was scheduled in a few hours time. He did not inform us about that. This is about respecting rights, about loyal cooperation between institutions. I tell you that this is not an example of loyal cooperation, and I also tell you that the mere request for an opinion does not amount to formally requesting it. This is not about faking the appearance of respecting a right, that right must be respected in its substance. In order to issue an opinion you need time, not only to read, but also to understand what the document states. The OUG has 5-6 pages. Had I known that it was going to be approved on that day, I would have definitely sat down to read and examine it," Tarcea explained.
The head of the supreme court also asserts that although Ordinance 7 does not have "catastrophic effects," it "was the last straw."
"The issue is the lack of loyal cooperation, the lack of sincerity and the double standard. As you see, we are all going through a period of crisis. It's a crisis of mistrust, of lack of dialogue. The ordinance doesn't have catastrophic effects for the justice system. There are many elements that can never be accepted. But this was the last straw. It's the lack of dialogue, the lack of confidence, the contempt the magistrates, judges and prosecutors equally, are being treated with. This ordinance was not sent to the High Court of Cassation and Justice. That morning I was informed that it had been sent to me, I checked the fax and e-mail incoming documents, and I had not received anything," Tarcea said. AGERPRES .
