Dragnea challenges the new five-judge panel of the Supreme Court that is judging his file and wins. All cases at ICCJ adjourned

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PSD chairman Liviu Dragnea has won in court the suspension of the ruling through which the Supreme Court’s five-judge panel has been assigned in his case and that was to judge in the trial of the fictitious hiring in Teleorman where Dragnea had he got a sentence of three years and a half in prison in a first court.

PSD chairman Liviu Dragnea has challenged the new judge panel of the High Court of Cassation and Justice (ICCJ- Romania’s Supreme Court) that is judging his file regarding the fictitious hiring in Teleorman. Now, the Social Democrat leader claims the drawings for the Supreme Court’s five-judge panels is not legal as it came before the Constitutional Court’s reasoning on the supreme court-Parliament conflict had been published.

Dragnea’s lawyers have filed the appeal to the Bucharest Court of Appeal, which has ruled on Friday that the PSD chair’s case stands. The effect of the ruling is that all trials pending at the Supreme Court will be adjourned at least until the year-end.

Liviu Dragnea had a new court hearing at the High Court set on December 3.

Flavia Teodosiu, Liviu Dragnea’s lawyer has asked the ruling of the Supreme Court to be repealed, while also notifying the Constitutional Court over a constitutional exception.

The exception refers to article 32 from the law 304/204 on the five-judge panels.

Two weeks ago, The High Court of Cassation and Justice (Romania’s Supreme Court) has changed the members of the five-judge panels for 2018, through drawings after the Constitutional Court had recently ruled that there is a constitutional legal conflict between the Parliament and the High Court of Cassation and Justice (ICCJ – Supreme Court) on the issue of the establishment of the 5-judge panels.

The president of the Supreme Court, Cristina Tarcea has drawn lots for the new judges in the five-judge panels, thus changing also the membership of the panel that is judging the appeal in Dragnea’s fictitious hiring file, where the PSD chairman has been sentenced to 3 years and a half in prison for corruption. The High Court’s vice-president is no longer among the five judges in the panel.

Moreover, judicial sources told the media that the Supreme Court has received this morning a request filed by Liviu Dragnea to suspend the drawing lots sitting of Friday morning.

According to sources quoted by Realitatea.net, Dragnea is practically challenging the speed with which the CCR ruling had been enforced by the High Court.

There are two five-judge panels on criminal matters at the High Court of Cassation and Justice.

The new members of the first criminal five-judge panel are judges Rodica Cosma, Valentin Horia Şelaru, Simona Cristina Neniţă, Francisca Maria Vasile and Ioana Alina Ilie. Substitute members are Tatiana Rog, Florentina Dragomir, Andrei Claudiu Rus, Luciana Mera and Săndel Macavei.

The members of the second panel are judges: Lavinia Lefterache, Ionuţ Matei, Aurel Gheorghe Ilie, Ioana Bogdan and Ştefan Pistol, while the substitute members are Oana Burnel, Rodica Aida Popa, Maricela Cobzariu, Leontina Şerban and Iulian Dragomir.

The first five-judge panel will judge the appeals in the following cases: Liviu Dragnea-the file of the fictitious hiring in Teleorman, Sebastian Ghita in the file of the interference at the helm of the Prahova Police and Prosecutor’s Office, Victor Ponta-Turceni-Rovinari file and the case of the current Secretary General of the Gov’t, ex-constitutional judge Toni Grebla.

Realitatea.net says that Dragnea is not favored by this new five-judge panel, as one its members, Horia Selaru used to work with former anti-corruption chief Laura Codruta Kovesi at the National Anti-corruption Directorate, while another judge in the new panel was the one that Okayed the re-opening of the TelDrum file.

 

 

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