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DNA prosecutors endorse notification of CCR on OUG 7/2019 and request starting a conflict of constitutional nature

Digi24.ro
DNA - Directia Nationala Anticoruptie

The National Anticorruption Directorate (DNA) prosecutors convened on Tuesday in a General Assembly meeting and decided to endorse the demarches to notify the Constitutional Court of Romania (CCR) regarding Government Emergency Ordinance (OUG) No.7/2019 and trigger a legal conflict of constitutional nature between the Government and the judicial authority.

"The Information and Public Relations Office within the National Anticorruption Directorate is empowered to convey the conclusions resulted following the voting, namely the adopted measures: the endorsement of Decision No.95/20.02.2019 of the Prosecutors' Section within the Superior Council of Magistracy [CSM], in the sense that the amendments brought through OUG No.7/2019 include unconstitutional provisions, leading to the blockage of the Public Prosecution Service activity, including the DNA activity; the endorsement of the PICCJ [the Prosecutor's Office attached to the High Court of Cassation and Justice] demarche to request the Ombudsman to notify the CCR regarding the unconstitutionality of OUG No.7/2019; the request for the entitled holders to start a judicial conflict of constitutional nature between the Government, as the delegated legislator, and the judicial authority, because the amendments brought through OUG No.7/2019 make it impossible for the Public Prosecution Service to exercise its constitutional duties," a DNA release sent to AGERPRES mentions.

The prosecutors also decided to send an open letter to the Justice Minister, in order to explain the manner in which the appointment procedure for the prosecutor-in-chief offices at the DNA is to be carried out and completed, in the 22-day period until the delegations expire, as well as the notification of the Group of States Against Corruption (GRECO) representatives and the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) within the Council of Europe regarding the manner in which OUG No.7/2019 will affect the efficiency of the criminal investigation bodies from the perspective of anti-corruption and money laundering offenses.

Another decision refers to posting, on the internet page of the DNA, a public message regarding the risk of blocking the institution's activity following OUG No.7/2019 and the paralysing of the fight against high-level corruption.

"During the sitting, also submitted to the General Assembly voting were other proposals of the participants that didn't gather the number of votes (simple majority of the number of attendees) necessary for their adoption," the release mentions.

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