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Constitutional Court defers again decision on secret protocols

The Constitutional Court of Romania was expected to announced the most awaited ruling on the secret protocols signed by the Prosecutor’s Office and National Anti-corruption Directorate with the Romanian Intelligence Service (SRI) during 2009-2016. Yet, CCR has delayed the ruling again, with judiciary sourced telling journalists that the reason for the delay is that judge Daniel Morar cannot attend the sitting due to medical issues.

The CCR decision might have prompted the reviewing of all sentences pronounced in the past nine years.

The notification has been discussed by the constitutional judges also on November 28, when the stances of the Parliament and of the Public Ministry have been presented. By then, the debates had been postponed already three times.

Vice-president of the Chamber of Deputies Florin Iordache claimed on November 28 that the Public Ministry, through the protocols inked with SRI, had brought the judiciary system again to the justice in the communist times.

The appeal to the CCR, forwarded on October 8, had been signed by Iordache, after the Chamber speaker Liviu Dragnea had delegated his powers to Iordache that day.

Iordache claimed back then that these protocols would have produced effects similar to the laws, although only the Parliament could adopt laws and the enforcement of these protocols would have turned the Intelligence Service into a criminal prosecution body.

The former justice minister Iordache also asked CCR to rule what’s happening with the files based on these protocols.

And, of course, a potential ruling that would declare all the protocols with SRI as unconstitutional could be a reason to review all sentences pronounced in the past 9 years. More precisely, any investigation conducted with the SRI’s support could be denounced and the final rulings could be annulled, after the defendant challenged them in court.

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