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VeDem Just tells CCR the mandate of Judge Petre Lazaroiu has expired, office needs to be vacated

CCR judge with expired mandate: I was told President Iohannis is requested to issue decree to revoke me

Constitutional Court judge, Petre Lazaroiu, claimed on Friday he was summoned by one the presidential advisers to inform him that the head of state is imperiously requested to issue a revocation decree on his name.

“I met presidential adviser Simina Tanasescu, upon her request, at the Law Faculty. She asked me to come to her as she has an ingrained mission. She told me: look, a have this paper (a request from VeDem Just, addressed to CCR chairman, Valer Dorneanu, to discuss the mandate of Petre Lazaroiu). I said: I know about it, it’s an aberration, I don’t consider it. She said: The President is imperiously requested to issue a decree. To revoke you. I said: You know very well it has no grounds, he has no prerogative. She said: Yes, but we are facing a situation. If he does not issue the decree, the association will sue us, if he issues the decree, you will sue us. I said: Of course I will,” Lazaroiu said, according to hotnews.ro.

The Presidential Administration replied, by saying a meeting took place, a technical discussion, about the VeDem Just request, saying that any insinuations about pressures on the judge are unfounded.

“Presidential adviser, Mrs. Simina Tanasescu, met on Thursday, June 14, with Judge Petre Lazaroiu at the Law Faculty to hand him two specialty books on financial legislation. A theoretical discussion on the VeDem Just request was carried out, a technical discussion, between two specialists in constitutional law, not involving the presidency. Consequently, the speculations and insinuations are completely unfounded and untrue, in regard to pressures on Judge Petre Lazaroiu,” the Presidential Administration says.

The source mentions that presidential adviser Simina Tanasescu is on holiday for conducting education activities.

Two weeks ago, Judge Bogdan Mateescu posted on his Facebook page the information that a Constitutional Court judge is in office for more than ten years, although CCR has decided as generally binding, that the mechanism to extend the constitutional mandate of 9 years furthermore is unconstitutional.

The Association Voice for Democracy and Justice (VeDem Just) then sent an open letter to the Constitutional Court (CCR) requesting it to vacate the position of judge in the case of Petre Lazaroiu, whose mandate has expired, as the CCR decided in a ruling published a month ago.

It is the case of Petre Lazaroiu (photo), who has been in office for 10 years, although the constitution reads that the term at CCR is 9 years.

Lazaroiu was appointed in office in 2008 for a rest of term and was reinvested in 2010.

In 2018, the CCR ruled that judges can not add an entire mandate to a rest of the mandate, and that the maximum limit is 9 years, as the Constitution states.

Overall, Mr. Petre Lazaroiu has served as CCR judge since September 16, 2008 to this date. Meanwhile, the decision 136/2018 dated May 4, 2018 has been made.

Therefore, VeDem Just claims that the decree of appointing Petre Lazaroiu as constitutional judge, issued on the basis of an article of a law declared unconstitutional, ceased to be effective since the date of publication of the CCR decision, namely on May 4, 2018.

On June 5, Constitutional Court Chairman, Valer Dorneanu, said a presumptive amendment to the judge Petre Lazaroiu statute, which he regards as improbable, would only have consequences in the future.

 

 

 

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