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EO 14 challenged in court

The emergency ordinance repealing the controversial EO 13 amending the criminal law has been challenged in court to the Bucharest Court of Appeal. Two complaints have been filed asking for the ordinance 14 suspension and annulment, and implicitly of its effects.

The first complaint was filed by Luiza Cazanescu, charged with abuse of office and sentenced to three years and two months in prison in first court. She has filed the appeal on February 10.

The second appeal has been filed also on February 10 by a private company, SC Luisa Casa de Moda Ltd, where the same Luiza Cazanescu was owner on the date when prosecutors say she has committed the abuse of office.

Luiza Cazanescu was indicted by the National Anti-corruption Directorate on December 3, 2010, next to other five persons, for injuring an insurance company branch, SC Asigurare Reasigurare ARDAF SA – Dâmbovița Branch, with a prejudice mounting to EUR 1.85 M. Luiza Cazanescu was owner of the company at that time.

In case the court is going in the favour of the person who asked for the EO 14 suspension and annulment, the emergency ordinance no 14 might be called off, and in this case, the emergency ordinance no 13 stays in force, with all amendments operated on the criminal code and the criminal procedure code, including the one on decriminalizing the abuse of office.

A similar procedure, bringing the action before administrative court was on the verge of being followed in the case of EO 13, at the request of the prosecutor general Augustin Lazar. He asked the Bucharest Court of Appeal to call off the EO 13 amending the criminal codes, also calling on the court to notify the Constitutional Court. However, after the Gov’t adopted the EO 14 to repeal the EO 13, the prosecutor general gave up the lawsuit against the Executive.

On February 13, former Liberal deputy Theodor Nicolescu, indicted for abuse of office in the illegal retrocessions file, also asked the Bucharest Court of Appeal to notify the Constitutional Court on the EO 14. The court postponed a decision until February 20.

Who is Luiza Cazaneescu, the women who challegend the EO 14?

Luiza Cazanescu, the woman who challenged the emergency ordinance no 14 to the Bucharest Court of Appeal, has asked the former minister of Justice Iordache on January 30 “to be a statesman and promote the emergency ordinance”.

Cazanescu attended the debates organized back then by the Justice Ministry over the ordinance amending the criminal law. She even took the floor: “Please, minister, be a statesman and promote these emergency ordinances (editor note: she is referring to the emergency ordinance no 13 to decriminalized the abuse of office), think of the population, of the Romanian businessmen who have been ruined and have been set up criminal files. Judiciary is not fully correct and there are also correct judges and prosecutors, I’ve met them. But there are also corrupt judges and prosecutors, I have also met those ones. You must promote the emergency ordinances and then have amensty, think about the people, of the old agers. I know what I am talking. I had 18 civil files and 46 criminal files and I have been set up, all kind of dirty has been done on me. Please, have the courage to fight against intelligence that has invaded all state bodies. They have taken these children to the streets. I have a shop and I am talking to the students who took to the streets and most of them admitted they had been paid,” Luiza Cazanescu told the former minister at the public debate hosted by the Justice Ministry.

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