Prosecutor General, Augustin Lazar (photo), has sent on Wednesday, to the Ombudsman, the request to refer the Emergency Ordinance on the laws of justice to the Constitutional Court. The request is reasoned by the unconstitutionality of article VII of the ordinance. Meanwhile, Ombudsman Victor Ciorbea has left on vacation, refusing to give clear information about the delegation of authority to the deputies, ziare.com reports.
“The Prosecutor General’s request was made given the constitutional role of the Public Ministry set by article 131 of the Romanian Constitution, to represent the general interests of the society, to defend the rule of law and the citizens’ rights and interests,” a release from the Public Ministry reads.
The request is 15 pages long, reading that the ordinance violates several articles of the Constitution. Furthermore, the Government has not reasoned the emergency and the extraordinary situation for issuing the GEO. Then, the recommendations of the Venice Commission have been ignored, in regard to the seniority needed for a prosecutor to work with the DNA, DIICOT and the Prosecutor General’s Office.
Release finally issued by Victor Ciorbea, requests are being analyzed
On the other hand, Ombudsman Victor Ciorbea has left on vacation for two weeks. Sources say he hasn’t delegated the authority and has signed an internal order banning the deputies to notify the Constitutional Court, ziare.com further informs.
However, digi24.ro journalists have contacted Victor Ciorbea about this issue. According to the reports, Ciorbea has refused to have an open dialogue, claiming he is aboard a plane and cannot communicate for ten hours.
However, during the short and nervous dialogue with the journalists, Victor Ciorbea said “a communique will be issued”.
Asked why he did not delegate his authority, Ciorbea replied nervously: “Don’t you hear? I have delegated, shut up once and for all.”
Later on Wednesday, the Ombudsman informed that the requests are being analysed by the legal department of the institution. Ciorbea said the vacation had been scheduled six months ago.
“Regarding the requests to refer an unconstitutionality direct exception regarding GEO no. 92/2018, the Ombudsman informs that all petitions on this issue are being analysed by the legal department for the interest of the law, which will examine the arguments presented, the Constitutional Court jurisprudence, the one of the European Court of Human Rights, the comparative law and the conclusions of the Venice Commission, following which a decision will be made,” the Ombudsman’s office informs in a release.
The Government adopted on Monday morning the GEO to amend and supplement some normative acts regarding the laws of justice.
On the other hand, the Senate adopted on Monday, a draft bill to amend the law on Ombudsman organization, providing that the institution’s leadership will receive special pensions, cumulated with the indemnity for the current mandate.
On Monday, Victor Ciorbea said the Senate’s decision is justified by the fact that the institution’s leadership is under huge pressure and is overwhelmed by the volume of work. His earnings are estimated to reach about EUR 7,500 per month.
Analysts have said this is the means to make the Ombudsman very reluctant when it comes to challenging draft bills filed by the political power and that Victor Ciorbea will thus not challenge the Emergency Ordinance to the CCR.