CSM: The negative opinion on Kovesi’s dismissal – substantiated and forwarded to the decision-makers

The negative opinion on the proposal to dismiss Laura Codruta Kovesi from the position of chief prosecutor of the National Anticorruption Directorate (DNA) has been substantiated and forwarded to the decision-makers, the Prosecutors Section of the Superior Council of Magistracy (CSM) have announced on Friday.

“Following the unfavourable opinion on the Justice Minister’s proposal to dismiss Ms. Laura Codruţa Kovesi from the position of chief prosecutor of the National Anticorruption Directorate, the Prosecutors Section of the Superior Council of Magistracy informs the public opinion that the decision no. 52 dated February 27, 2018 has been substantiated and forwarded to the decision-makers to settle the legal measures,” CSM informs.

The substantiation points to the fact that the completing of certain criminal and criminal procedural provisions, in a different manner than the subsequent interpretation of the Constitutional Court, cannot mean a violation of the duty.

Justice minister Tudorel Toader said on Monday that the prosecutors with the Superior Council of Magistracy (CSM) had taken “an instant” decision, referring to the negative opinion given on his call to dismiss DNA chief prosecutor Laura Codruta Kovesi, adding that now it’s hard for them to motivate their decision.

“The motivation will go to the Presidency. Prosecutors have taken an instant decision, quickly in ten minutes. Actually, I think there have been less than 10 minutes, for I was there. I maintain my stance. Now, you can realize, it’s hard for them (CSM) to motivate their decision,” Toader told Antena 3 private broadcaster.

At the same time, the Justice minister reiterated the accusations against Kovesi.

The prosecutors’ section within CSM gave a negative opinion for Kovesi’s recall on February 27.

In its sitting of February 27, the prosecutors’ section decided to deny the Justice minister’s request on recalling the DNA chief prosecutor. Therefore, the opinion is negative. During the upcoming period, the decision will be substantiated, CSM vice-president, Codrut Olaru, said at the time.

The only one who voted for Kovesi’s dismissal was Justice minister Tudorel Toader, the rest of the voting members, prosecutors Florin Deac, Cristian Ban, Codruţ Olaru, Tatiana Toader, Nicolae Solomon and Romania’s Prosecutor General Augustin Lazăr voted against.

In late February, in a message sent to ziare.com, 135 of the 183 DNA prosecutors claimed that Kovesi is the target of ‘the defendants and convicts for corruption deeds’, a message called as ‘a request to defend the professional reputation and the independence of the DNA prosecutors.’

The DNA prosecutors expressed disagreement with the report presented by the Minister of Justice, which concluded with the decision to start procedures to dismiss Laura Codruta Kovesi.