The Public Ministry has criticized the Emergency ordinance in a post on a social network, during the night of Sunday to Monday, arguing that the appointment of prosecutors by the Justice Ministry increases the risk that they do not properly fight against the corruption of the political allies.
The Public Ministry (Prosecutor General’s Office) has drawn attention on Facebook on ‘the danger of violating the constitutional rule’ by the adopting of amendments included in the emergency ordinance to amend the laws of justice, ziare.com reports.
“Learning from the press that, on Monday, the Government sitting will debate, upon the proposal of the Justice Ministry, the draft emergency ordinance to amend Law 303/2004 on the statute of magistrates, of Law 304/2004 on judicial organization and of Law 317/2004 on the Superior Council of Magistracy, and considering also the above mentioned draft, the Public Ministry is drawing the attention on the danger of violating the constitutional rule, by adopting some of the proposed amendments,” the ministry writes.
Due to the control exercised by the Justice Ministry on disciplinary actions, the risk of political control on conducting checks on magistrates is established, as the disciplinary actions carried out by the Justice Ministry “could become a political lever to dominate the judiciary.”
The Prosecutor’s Office says article VIII of the draft emergency ordinance, reading that the prosecutors with the Prosecutor’s Office upon the High Court, DIICOT and DNA, and with other prosecutor offices, will remain in office only if they meet the conditions provided by the new form of Law 303/2004 and of Law 304/2004, will lead to the dismissing of prosecutors from their legal positions, by setting up new conditions, that were not in force when they had been appointed, by ignoring the provisions of article 15, paragraph 2 of the Constitution on the enforcing of the law only in the future.
Prosecutor General says amendments were conducted in haste
Monday morning, Prosecutor General Augustin Lazar said the approval of the emergency ordinance would affect the Revolution file and the August 10 file, digi24.ro informs.
“Unfortunately, the draft legislation was conducted in haste and it would affect the ongoing files. For example, the files with the Public Ministry and those with the Military Prosecutor Offices – prosecutors have been delegated from several prosecutor offices to solve huge and complex files. Hence, the delegations will cease and the teams currently working will be dissolved. It is hard to imagine how the files can be solved, so that Romania does not have to pay amounts of money following the decisions of the ECHR,” Lazar said.
The source reads that almost half of the prosecutors working on the two files would be affected. They have been temporary delegated to the Prosecutor’s Office to solve the investigations.