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José António Cunha guarantees that, contrary to what Francisca Van Dunem said in Parliament, the letter signed by the governor does not explain the reasons for her exclusion from the contest.
The judge who was excluded from the competition for European prosecutor assured JN that he was never informed of the reasons that led the government to withdraw his candidacy. In this way, José António Cunha denies Minister Francisca Van Dunem, who assured the members of the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees on Thursday that he justified the reasons for the exclusion in a letter she sent to the magistrate. “It is not true that the minister explained in that letter the reasons for my exclusion, that is, the reasons why I did not join the list of candidates presented by the Government,” says José António Cunha.
The former president of the Judicial Court of the District of Oporto confirms, as the JN had already said, that he received a letter in which Francisca Van Dunem apologizes for not having been included, in the final, in the indication made by the Portuguese Republic to the Union “. European as a candidate “for the position of European prosecutor and, more than that,” because he was not given “formal knowledge” of that decision. However, he refutes all the other statements that the Chief Justice made in Parliament in this regard. “As reported, I filed a lawsuit against the Ministry of Justice in the Administrative and Fiscal Court of Porto requesting the annulment of the act that excludes me from the procedure of nomination or nomination of personalities designated by the Government for the position of European prosecutor national law and, consequently, the act that designates the three candidates for prosecutors of the Republic, with all the legal consequences, one of the grounds of the action is the fact that to date I have not been notified of the administrative act that determined my exclusion, whose content, date and authorship, that is to say, its essential elements, I don’t know, what constitutes a prior hearing, constitutionally consecrated ”, the judge maintains.
And, in fact, in none of the four paragraphs of the letter to which the JN had access, does the Minister of Justice write about the reasons that led to the exclusion of José António Cunha. In this document, in addition to regretting not having informed the candidate of the Government’s decision, Francisca Van Dunem argues that there was “no violation of any rule of procedure, but the crime of a rule of courtesy” for which she asks for “benevolence.”
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