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The Judicial Inspection (IJ) announced on Wednesday that it was pursuing disciplinary action against chief prosecutor of the National Anti-Corruption Directorate (DNA) Laura Codruta Kovesi over the prosecutor's appointment to a control team of a magistrate in an obvious state of incompatibility.
The Judicial Inspection also took disciplinary action over commission of deviations provided for in Article 99 (m), second sentence, of the Law No.303/2004, namely "unjustifiably failing to carry out other administrative duties stipulated by the law or regulations" in that, in order to carry out the same thematic control, she willingly violated Article 65 (3) in the Law No.304/2004, republished and amended, transposed into the provisions of Article 7 (s) of the Internal Regulations of the National Anti-Corruption Directorate, which regards the duties of the chief prosecutor of the National Anti-Corruption Directorate, who "shall exercise control over the activity of prosecutors and to all the subordinate staff, directly or through designated prosecutors; in this case the designation involved the counselor to the chief prosecutor of DNA, a reassigned judge who is said to have been in an obvious state of incompatibility.
"By violating the regulation and appointing to the control team a magistrate in an objective and manifestly incompatible state, the principles of legality, impartiality and fundamental rules (Articles 1 (5), 16 (1) and (2), 20, 21 (3), 132 (1) of the Constitution of Romania, Article 5 of the Law No.303/2004 corroborated with Article 58 (3) of the Law No.303/2004 and Article 65 (3) of the Law No. 304 / 2004), as well as the prestige and credibility of the act of justice in which the National Anticorruption Directorate was involved."
According to IJ, a disciplinary report was submitted to the Prosecutors' Disciplinary Section of the Supreme Council of Magistrates (CSM), which will decide on the liability of Kovesi.
