PICCJ: Negative opinion of CSM in Kovesi case confirms absence of legal ground for removal

The negative opinion given by the prosecutors' Section with the Superior Council of Magistracy (CSM) on the Justice minister's proposal to remove from office the Chief Prosecutor of the National Anti-corruption Directorate (DNA) confirms the point of view constantly expressed by the leadership of the Prosecutor's office attached to the High Court of Cassation and Justice (PICCJ, Supreme Court, ed. n.) regarding the absence of a legal ground for taking such measure, reads a Public Ministry's Facebook post.

According to the quoted source, the removal from office of a prosecutor can only operate within the conditions clearly established by the law, both under reasons and procedures, provided for by law and by CSM's Organisation and Functioning Regulation, approved through Decision no. 326/2005, without prejudice to the independence, impartiality and reputation of the envisaged magistrate.

"Along the same lines, the Justice minister's obligation to comprehensively motivate the request for removal from office must constitute a guarantee against abuses and arbitrariness, and ignoring this principle is liable to create a dangerous precedent with regard to the interference of the political in the judiciary's activity," the post further mentions.

"The Prosecutors' Section has decided to reject the request of the Justice minister in relation to the possibility of removing from office Mrs. Chief Prosecutor, the opinion is therefore, a negative one. In the upcoming period, the decision will be motivated, will be transmitted to the deciding forums, so that the legal measures be taken," Codrut Olaru, the head of the Prosecutors' Section with CSM stated.

According to some sources, there were six votes for the rejection of minister Toader's proposal and one for the removal from office of the DNA head.

After the announcement of the decision, Prosecutor General Augustin Lazar and Justice minister Tudorel Toader left the seat of CSM without making any statements for the press.

Chief Prosecutor of DNA Laura Codruta Kovesi also declined to answer questions, only saying that she will make public the report she presented during the meeting of the Prosecutors' Section with CSM.

According to the law, the Justice minister can request the removal from office of the DNA's Chief Prosecutor, the Prosecutors' Section with the CSM gives a consultative opinion and the decision belongs to Romania's President.AGERPRES(RO - author: Daniel Alexandru Florea, editor: Florin Marin; EN - author: Simona Iacob, editor: Maria Voican)

Continue reading on: