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The decision is firm and generally binding and is communicated to the President of the Senate and the Public Ministry – Prosecutor’s Office attached to the Superior Court of Cassation and Justice – Criminal and Forensic Investigation Section.
It should be noted that Cazanciuc’s complaint was made at the end of May, and since then the solution in this case has been postponed several times.
At the end of January 2020, Călin Popescu Tăriceanu was informed that he is a suspect in the case due to the incompatibility of Senator Cristian Marciu.
The investigation refers to the way in which Cristian Marciu, PSD senator for Giurgiu, was kept in office, although in 2015 the magistrates of the Superior Court of Cassation and Justice declared him definitively incompatible after having business with state institutions. .
Tariceanu is involved in this case because, as president of the Senate, he would not have accepted, in 2017, the request of the National Integrity Agency to release him from his position by Marciu.
Robert Cazanciuc argued in the complaint presented to the RCC that “no parliamentarian can be imposed a certain conduct in the exercise of the voting option” and that “the contribution of documents prepared during the parliamentary debates in which any request is analyzed of a public authority, represents a form of interference and attempt to control the activity and parliamentary procedures, as long as they are finalized by the free vote expressed by the senators ”.
“The procedural acts carried out in accordance with the provisions of the parliamentary regulations may not be subject to the control of the organs of the Public Ministry, these being the means in which the Chambers of Parliament fulfill their constitutional function and carry out their work under and in accordance with its own organizational and functional autonomy. (1) of the Constitution. Carrying out of the criminal investigation against the president of the Senate, in office in 2017, for parliamentary procedural acts, respectively, failure to present to the full Senate of the legal termination of a senator’s mandate validated in 2016, for which the National Integrity Agency issued in 2012 a report The evaluation of its incompatibility with the exercise of the position of councilor in the period 2008-2012, remaining final in 2015, represents an unprecedented fact, a violation of the regime of separation of powers in the state ”, is also evidenced in this application.
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