Update – CSM: Lazar’s file does not include resolution to dismiss file targeting Iohannis. Justice Minister says will reveal file on Tuesday

The Superior Council of Magistracy (CSM) has informed Prosecutor General Augustin Lazar that in the file with his proposal for appointment to the Prosecutor General’s Office there is no document referring to “a resolution on closing down a file concerning the President of Romania”.

Augustin Lazar requested the CSM Human Resources and Organization Division, as a result of the report initiated by Justice Minister Tudorel Toader on the Managing Activity of the Romanian Prosecutor General, to issue a copy of the “resolution to close down a file concerning the President of Romania,” document reportedly included in the 2016 file with the proposal to appoint him in office, digi24.ro reports.

The CSM has informed Augustin Lazar that there is no such document in the file.

“Following your address (…), we inform you that following the verification of the documentation attached to our work (…) (aimed at endorsing the proposal of the Justice Minister for appointment as Prosecutor General of the Prosecutor’s Office upon the High Court of Cassation and Justice, of Mr. Augustin Lazar, Prosecutor General of the Prosecutor’s Office upon the Alba Iulia Court of Appeals), no document on this topic has been identified,” the document submitted by CSM to Augustin Lazar reads.

Justice Minister Tudorel Toader announced last week that he had begun the dismissal procedure of Prosecutor General Augustin Lazar.

Minister Toader presented last Wednesday an assessment report of Lazar’s activity as Prosecutor General, containing 20 reasons to have him revoked. Above all, Toader claimed that Lazar has been named by President Iohannis without a preliminary evaluation, upon the proposal of the then Justice Minister, Raluca Pruna. Moreover, the Justice Minister argued the file proposing Lazar included a resolution to dismiss a file that targeted President Iohannis.

“President Iohannis signed the appointment in the PG seat on April 27, 2016, without having the evaluation of his professional performance criteria. So, it means the Justice Minister back then has made the proposal for the PG position without observing the legal procedures and criteria. The Romanian President did not check the legality of the evaluation (…) Why the Justice minister at that time has sent the incomplete file? (…) we don’t think the appointment has to do something with one of the documents attached to the candidature file where there is a resolution issued by Lazar for dismissal of one cases related to the incumbent Romania’s President,” Toader said.

Prosecutor General Augustin Lazar said Wednesday evening that the evaluation report is actually the answer of the Executive to the Venice Commission’s opinion.

The Prosecutor General said that Toader’s approach, which runs against the Judicial Inspectorate and CSM analyses, is likely to destabilize the Public Ministry.

Justice Minister promises to reveal candidacy file on Tuesday

Last week, Justice Minister Tudorel Toader promised he would make public the resolution signed by Augustin Lazar to dismiss a file on Klaus Iohannis. On Monday he seemed to take a step back with an unclear statement, ziare.com informs.

Asked if he would publish the resolution in question, Tudorel Toader answered: “I will make a synthesis… of the decisional route.”

Later in the day he promised to reveal the file on Tuesday.

“Tomorrow I will reveal the procedure and the appointment graphics of the current Prosecutor General. Tomorrow I will make public the content of the candidacy file. In order to notice the possible inconsistencies, it would be preferable to know the content of the file on which the investiture decree was based in order to be approved and signed. Usually, the Justice Ministry files, the ones from the Superior Council of Magistracy and from Cotroceni Palace have identical contents,” Minister Toader wrote on Facebook on Monday.