Gov’t to challenge Belina file to the Constitutional Court. Justice Minister Toader is working on the notification

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Justice Minister Tudorel Toader has announced on Thursday that he will file a notification requesting the Constitutional Court (CCR) to state whether prosecutors can investigate the circumstances in which government decisions have been taken, starting with the National Anticorruption Directorate (DNA) investigation into the Belina file.

Toader stressed that the idea to notify CCR “came from the Government, not from the Ministry of Justice, not from the Minister of Justice,” while specifying that the notification will be ready by Monday, after which it will reach the Executive, which will continue the demarche , according to the procedures in force, informs.

Tudorel Toader has denied the information in the media on Wednesday that he personally asked for government decisions to be considered the same as emergency ordinances and laws. “It is a wholly incorrect statement,” said the Justice Minister, who explained that this would be “impossible,” because these bills have “a different legal regime, have different effects, have different issuers.”

Minister Toader brought a number of arguments in favour of notifying the CCR following the opening of the Belina file, referring, inter alia, to the Court’s ruling on GEO 13 and to the fact that the DNA issued a statement claiming that the decision was applicable only to ordinances and laws, not to government decisions.

“The enunciation itself is correct, but the principle is totally incorrect,” Toader said (he is former judge with the Constitutional Court).

The Minister reminded that the CCR “has stated that prosecutors can not investigate the opportunity of adopting a GEO or laws, cannot investigate the circumstances of adopting a GEO or laws, as they cannot investigate the constitutionality of the normative acts, which is right.”

Anti-corruption chief prosecutor Laura Codruta Kovesi made the first statements related to Belina Island case on Monday. She said the file is “in a preliminary stage” and that it has been opened in May 2017, and not in 2014 as rumoured.

Anti-corruption prosecutors are investigating the way Belina Island and Pavel channel on the Danube River have been transferred from the “Romanian Waters” National Company to the Teleorman County Council and further on, to Tel Drum private company, controlled by people close to PSD chair Liviu Dragnea.

Deputy PM Sevil Shhaideh and Minister of European Funds Rovana Plumb are criminally prosecuted for abuse of office in the Belina file.

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