President Traian Basescu, PM Victor Ponta and MEP Monica Macovei, through their statements regarding the Microsoft and Lukoil files, as well as the expected judiciary decision on Klaus Iohannis’ incompatibility file , have affected justice’ independence, the Superior Council of Magistracy (CSM) plenum ruled on Thursday.
CSM sources said the plenum reached the above mentioned conclusion following the reports of the Judiciary Inspection (IJ) on the three politicians.
The CSM members did not follow the judiciary inspectors’ conclusions, who ruled Traian Basescu did not infringe justice independence when saying that in the Microsoft file “new names are going to pop out, including persons.” The same inspectors had ruled PM Ponta did not go too far by saying the government is not getting involved in the Petrotel-Lukoil file, however he is supporting the idea to save the jobs and the employees’ salaries, while calling on the Justice Ministry to convey the message. CSM has agreed with the conclusions regarding Monica Macovei’s statements saying that PM Ponta, Romania’s chief prosecutor and his wife have laid pressure on the prosecutors to lift the sequester on Petrotel Ploiesti refinery, as well as regarding the Premier’s statements in October saying that liberal Klaus Iohannis will be ruled as incompatible by the Supreme Court. In both cases the Judiciary Inspection ruled the justice independence was infringed.
CSM Vice-president Gheorghe Muscalu said on Thursday politicians should refrain from remarks on justice issues or files on the agenda of the prosecutors or judges.
“Politicians and public persons should refrain during their public speeches from remarks regarding justice issues, criminal files under the prosecutors’ investigation, in criminal indictment or pursuit. CSM is the guarantor of justice and we target an objective independence, irrespective of what the prosecutors, the judges believe,” Prosecutor Gheorghe Muscalu said.
He further said CSM is not authorised to fine the politicians and such an issue hasn’t been touched. “I don’t think we should move CSM towards sanctioning offences, it wouldn’t be either constitutional, nor legal.”