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This is the following idea from the government program: “It is necessary to restore the competences of the DNA in matters of corruption in the judiciary” and at the DNA level “it is necessary to ensure logistical and human support: technical means for interceptions, complementing the staffing scheme (police, prosecutors, auxiliary staff) “.
More precisely, the lawyer Cristian Winzer explained, in a few words, for DC News what is the big problem in the PNL-PLUS-USR-UDMR government program: DNA regains the right to investigate the magistrates and the “big case” begins.
Here is the text sent in detail by Cristian Winzer:
In the guiding program of “my government” Iohannis, in the chapter “Justice”, section “Short-term objectives” (p. 229, point 4), it is mentioned, among other things, that “a # building of competencies is necessary DNA on corruption in the judiciary “and that at the DNA level” it is necessary to ensure logistical and human support: technical means for #interceptions, complementing the staffing scheme (police, prosecutors, auxiliary personnel) “.
In correlation with the first point of the same section, namely, “the abolition of the Criminal Investigation Section in Justice”, this “objective” means going back to the “glorious” years of abuse and pressure from prosecutors on the judges.
If the Attorney General’s Office also transfers IAR, on its own initiative (through the protocols so dear to Mrs. Scutea), to the SRI, the prosecutor’s own powers We will have the “joy” to witness a new interference by the secret service in the conduct of criminal proceedings, restore the courts to justice in the name of the law, violate a wide range of fundamental rights and freedoms and re-subordinate prosecutors and investigation criminal from the structures of a secret service. (to reread, in context, Decision no. 26/2019 of the RCC).
I remind you that within the DNA, as of 01.31.2014, the Service for the Fight against Corruption in Justice (SCCJ) functioned, established NOT by law, but by an administrative act, respectively Order no. 10 of the ADN Attorney General’s Office, with a deeply non-transparent operation, a service that investigates criminal cases that have as their object crimes committed by magistrates or in connection with them.
The report of the judicial inspection on “Observance of the general principles that govern the activity of the Judicial Authority in the cases of the jurisdiction of the magistrates directed to the ADN or in relation to them”, validated in 2019 by the SCM (and that DNA is still trying to override!) confirms that between 01.01.2014 and 31.07.2018 (that is, exactly when this service existed and worked within DNA) at the level of DNA structures, 1,459 cases were recorded involving 845 prosecutors and 1,443 cases involving 1,962 judges (in the report that you mention – it is expressly established that “There is NO possibility of making an exact calculation of the total number of judges subject to the criminal investigation analyzed”)
The figures are absolutely mind-boggling and should be objective benchmarks for any attempt to reform legislation aimed at establishing / dissolving / reorganizing any Public Ministry structure.
This document shows that in the period 01.01.2014 – 31.07.2018 there were numerous abuses and pressures, indicating, among others, “situations of request of the courts of civil / criminal cases that were pending before the courts, regardless of the settlement stage, to carry out the criminal investigation in cases related to magistrates, which may be a potential factor of pressure on the judges invested with the settlement of the respective cases ”, respectively“ requests to take control of a criminal case due to the central structure of ADN, in relation to the way in which the judge resolves some requests for the extension of the technical supervision mandates addressed to the magistrates, which may constitute a potential factor of pressure on the judge in question ”.
It is worth mentioning, in context, the point of view of the National Union of Judges of Romania after the consultations held on May 27, 2019 with Iohannis on justice, which confirms that the DNA was opened in only 2 years (2016-2017), as after the ex officio referral, 157 cases of magistrates, a very small number of judges and prosecutors being referred to the courts, “which raises doubts about these ex officio referrals”, which “were referred to judges suspended from their duties for the solutions that have been pronounced, “the investigations on the judges that are carried out” in violation of the right to defense and even of the secrecy of deliberation, therefore violate the very essence of the independence of the judge, “respectively, that “also for the sentences pronounced, other judges were investigated in cases that were kept open for years to finally order the qualification, considering that the decision is” legal and unique “, converted thus leaving the prosecutors in super courts of judicial control ”.
If we also put here the recent public information of the case “Băneasa Farm”, where the judges who had pronounced civil solutions (confirmed and final by the hierarchically superior courts!) Were heard as witnesses by the DNA prosecutors and asked if they considered that the solutions were legal. who spoke out, determined to criticize their own motivations and say, among other things, (after 15 years!) that, “given the experience of the moment, other data, you may not have given them.” or that “the motivation is not the most correct, but I was at the beginning of my career as a judge and had many pending cases”, we will end up tied directly by the judges from the seats where they do justice for the solutions they pronounce!
IMPORTANT!
Among the modifications introduced by Law No. 207/2018 (of reform and completion of Law 304/2004 on judicial organization) includes that of constitution, within the Office of the Prosecutor attached to the Superior Court of Cassation and Justice, of the Investigation Section of Judicial Crimes, with exclusive competence of Prosecute crimes committed by judges and prosecutors, including military judges and prosecutors and members of the Superior Council of the Magistracy. It is the only structure of the Public Ministry completely depoliticized and politically uncontrollable, neither the Minister of Justice nor the President have powers in the appointment of prosecutors!
By Decision no. 33/2018, the Constitutional Court rejected the exceptions of unconstitutionality and demonstrated that establishing this special section does not violate the provisions of the Romanian Constitution or the international treaties to which Romania is a party. Likewise, the Court also valued the opportunity to establish the new structure, completely depoliticized, noting that “it constitutes a legal guarantee of the principle of independence of justice, in terms of its individual component, the independence of the judge.
This ensures adequate protection of the magistrates against pressure on them, against abuses committed through arbitrary referrals / complaints and ensures a uniform practice, at the level of the structure of this prosecutor’s office, regarding the execution of criminal prosecution for crimes . committed by magistrates ”(paragraph 141 of the Decision). Not by GEO. 90/2018 (published in Official Gazette No. 862 of October 10, 2018) legislative measures were established for the operation of the section. The bill for the approval of GEO no. The 90/2018 was approved favorably by the Superior Council of the Magistracy (Resolution nº 1037/2018 of the Plenary of the SCM) ”, analyzed the lawyer.
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