Friday, October 19, 2018

The idiot - Tudorel Toader

An emergency ordinance related to changes to the Romanian justice system, which was adopted without prior analysis by the Romanian government on Monday, was published on Tuesday. Its publication revealed a series of serious issues that the prosecutor general and other magistrates say would affect the activity of anti-graft prosecutors. A key corruption case which may be affected by the newest measures would be the so-called Tel Drum case, which has been linked to the leader of the governing Social Democratic Party (PSD), Liviu Dragnea.  When Justice minister Tudorel Toader presented key points of the ordinance on Monday, he did not elaborate on their meaning for the activity of magistrates, especially the magistrates of the National Anti-Corruption Department and of the prosecutor's office in charge with organised crime, DIICOT. And a prominent magistrate, Cristi Danilet, commented for HotNews.ro that the ordinance did not have an impact study to see how many prosecutors are affected by the changes and it was unclear how to read the existing law in this regard. If the number reaches 40-50 at the DNA level, their work has to pass to other, already overburdened prosecutors, which would lead to serious problems.
The ordinance aimed at "streamlining" the changes produces even more difficulties as it follows a wave of changes made by the Parliament and the Government to the existing legislation already this year.
Cristi Danilet commented for HotNews.ro that:
  • its emergency status was not justified;
  • it came in breach with the separation of powers;
  • it appears to breach two decisions of the Constitutional Court;
  • the government failed to properly obtain approval from the Supreme Council of Magistrates in due time;
  • the ordinance turns prosecutors into subordinates of the Justice minister

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