The President of the National Union of Romania's Judges (UNJR) Dana Garbovan holds that Wednesday's decision of the Constitutional Court of Romania (CCR) on the protocols between the Romanian Intelligence Service (SRI) and the Public Ministry finds one of the most serious conflicts between state powers.
"The decision of the Constitutional Court today, January 16, 2019, which acknowledged that the secret protocols between SRI and the Public Ministry violated the Constitution and the separation of powers in the state, finds one of the most serious conflicts between state powers, the gravity being given both by the extent over time of this conflict - from 2009 to the present time - and its negative consequences on finding justice, with the arbitrary infringement of the fundamental rights of the citizens," says Dana Garbovan, on a social network.
According to her, the conclusion of the secret protocols between the Public Ministry and SRI has chipped away at the competencies of the High Court of Cassation and Justice and of the judiciary in fulfilling their constitutional role in the exercise of justice.
"A full analysis of the effects of CCR's decision can only be made after the Court has published its reasoning. Until then, the Court's statement reveals a fact of unprecedented gravity: the conclusion of the secret protocols between the Public Ministry and SRI has chipped away at the powers of the High Court the Court of Cassation and Justice and the judiciary in the fulfillment of their constitutional role in seeing justice done.Through these protocols, rules of criminal procedure rules were secretly completed or amended, granting SRI competencies where the law prohibited them, without even the judges having knowledge of their content," maintains Dana Garbovan.
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The President of the UNJR considers that "it is still very serious that SRI has acted all this time outside of a real parliamentary control, which in itself constitutes a very serious threat to the Romanian democracy."
The Constitutional Court of Romania admitted on Wednesday the notification of the Speaker of the Deputies Chamber regarding the existence of a legal conflict of a constitutional nature between the Public Ministry on the one hand and Parliament, the High Court of Cassation and Justice and the other courts, on the other hand, concerning the collaboration protocols with SRI in 2009 and 2016.