Former Chairman of the Constitutional Court (CCR), Augustin Zegrean, has said that Prosecutor General Augustin Lazar may seek the annulment of the decision made by the Justice Minister in court.
He argues that the decision may be challenged in court, although the law does not clearly provide for this approach, but anyone who considers he has been wronged may address the court.
“He may seek the annulment of the decision and damages repaired. It would be a first, a decision by minister to be challenged in court. (…) The first step is that he challenges the decision in court,” Zegrean said for ziare.com.
The former CCR Chairman says that when the CCR decided regarding the conflict between the Romanian President and the Justice Minister, he had said such situations will appear when a minister wants to oust a prosecutor.
“I’ve said it when the Constitutional Court decided on the conflict. (…) I said it at the time, any minister in office will want to change the prosecutors general, the DIICOT chief prosecutor, the DNA chief prosecutor… I notice now that during his term the minister gets mad with the prosecutor general, asks for his replacement and, according to the CCR, the President is forced to sign the revocation decree,” Zegrean said.
“It is not fair, the President cannot be forced, under no circumstances, to sign a document he does not agree with. Actually, the CCR decision has forced things and look where we’ve reached,” Zegrean said.
Justice Minister, Tudorel Toader, announced on Wednesday that he is kicking off the procedure to dismiss Romania’s Prosecutor General, Augustin Lazar. Minister Toader presented an assessment report of Lazar’s activity as the PG, containing 20 reasons to have him revoked.
General Prosecutor Augustin Lazar said Wednesday evening that Toader’s assessment report is actually the answer of the Executive to the Venice Commission’s opinion.