Nicușor Dan, mocked by a former president of the CCR. “I don't know how the people from Cotroceni thought”
Augustin Zegrean, Photo: Agerpres
The initiation of a referendum among the magistrates, advanced by President Nicușor Dan, is not possible, according to the Constitution, the former president of the Constitutional Court, Augustin Zegrean, said on Digi24. He said, ironically, that the referendum “on trades” does not exist in Romania.
“In Romania, according to the Constitution and the legislation, there are two types of referendum, a referendum at national level, which the president can call, after consulting the Parliament, and this must be remembered. So, after the consultation, he can ask, call the people to express their will on an issue of national interest. And another referendum of local interest is in UATs, in communes, in cities, in counties and so on. So, unfortunately, we don't have to the president, probably, a referendum on the professions. We don't have such a thing in Romania. I don't know how the people from Cotroceni thought to do this referendum, but it is not possible”, said former CCR judge Augustin Zegrean, quoted by News.ro.
Zegrean believes that there is a possibility of a consultation among the judges, but it should be done in another form, not as a referendum. Also, the former president of the CCR ruled out the possibility of recalling the members of the CSM as a result of a consultation.
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He explained that you cannot ask the judges if they are working in the interest of the country or in their own interest, because if he wanted to make a consultation among the judges, he could do it in another way, but not as a referendum.
“The Superior Council of the Magistracy cannot be revoked. Judges, members of the CSM, can be revoked, but the procedure is very complicated, very cumbersome, as I calculated, a procedure to remove a judge from office would take about a year. But to remove everyone from there, urgently, as the president says, is not possible. If you respect the laws”, commented Zegrean.
Asked about the discussion that the head of state is going to have on Monday, with the magistrates, Augustin Zegrean said that it is “informal, outside the Constitution and outside the law”.
The official reaction of the CSM judges to the referendum announced by Nicușor Dan
“The president, by the Constitution, is a member of the CSM, without the right to vote, but if he participates in the meeting, he leads that meeting. As far as I know, he has not yet participated in any meeting. There he could express his wishes and wills, and possibly if the CSM considered it necessary to organize such a consultation, he could do it. They have their own rules and they could do it,” explained Zegrean.
Asked if it was an interference of the president in justice, Augustin Zegrean answered: “The president is a politician, as far as I know, and he does not belong to the job description of the president. The president's powers are provided in the Constitution. He can do exactly what is written there. No more, no less. No one can give him other powers than the Constitution.”
