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Update: Gov’t notifies the Constitutional Court on High Court’s 5-judge panels. CCR: Parties to state viewpoints by October 16

Prime Minister Viorica Dancila has notified the Constitutional Court, Tuesday morning, about a judicial conflict between the parliament and the High Court of Cassation and Justice (ICCJ – Supreme Court) regarding the way the new provisions on the establishment of the 5-judge panels are enforced. The move comes less than a week ahead of the start of procedures in court regarding the appeal submitted in the file PSD leader Liviu Dragnea was sentenced to 3 years and 6 months in jail, digi24.ro reports.

Dragnea’s appeal will be judged by a 5-judge panel.

Later on Tuesday, the Constitutional Court has announced that the parties in the conflict referred by the Premier will submit, by October 16, their points of view.

A release from CCR reads that “in line with the procedures provided by article 35 of Law 47/1992 on the organization and functioning of the Constitutional Court, the deadline of October 16, 2018 has been set for the two parties in conflict to express, in writing, their points of view on the conflict and on the possible solutions.”

After October 16 the trial date will be announced.

In June 2018 the new law on judicial organization has come into force. The new bill provides that the panels’ presidents are drawn at the beginning of each year.

The alleged judicial conflict of constitutional nature targets the fact that the ICCJ has assumed legislative powers by not implementing immediately the new Law 304 on judicial organization, whereby the competences of the 5-judge panels are drawn.

ICCJ Chairman, Cristina Tarcea, said last week that the law hasn’t been implemented yet, because it provides that the panels’ presidents are drawn at the beginning of each year, so the measure will be implemented for the first time on January 1, 2018.

PSD Chairman, Liviu Dragnea, mentioned this notification last week, saying it is a ‘natural approach’.

“I’ve heard about this intention, I do not know when it will be filed, but I believe it is a natural approach by the Government. We’ll see what happens. I haven’t seen the notification, maybe they will file it as conflict between Parliament and the ICCJ, I don’t know. I’ve just heard this approach is intended,” Dragnea said.

The ICCJ has set on October 8 the first hearings in the file of fictitious employments with the Teleorman General Directorate for Social Assistance and Child Protection (DGASPC), file to be judged by Panel 1 led by ICCJ deputy chairman, Iulian Dragomir.

PSD’s Liviu Dragnea was sentenced on June 21 to 3 years and 6 months in jail for instigation to abuse of office.

About Valeriu Lazar