AUR requests notification to the CCR regarding a constitutional conflict between the President and the judiciary, after the announcement regarding the initiation of a referendum
George Simion, President of AUR. Photo: Inquam Photos / George Călin
The AUR requests the presidents of the two Chambers, the prime minister and the president of the Superior Council of the Magistracy to notify the CCR on the issue of the violation of the principle of separation of powers in the state, showing that the announcement made by the president Nicusor Dan, regarding the organization of a so-called referendum within the body of magistrates, represents a new and serious interference of politics in justice.
“President Nicusor Dan does not take into account the Constitution, the laws and chooses to brutally intervene in the justice system in Romania. The announcement made by him regarding the organization of a so-called referendum within the body of magistrates represents a new and serious interference of politics in justice. To say publicly that, depending on an internal vote, the Superior Council of Magistracy will leave urgently is a direct threat to the independence of the judiciary. This is not a political opinion, but a conflict of a constitutional nature between the President of Romania and the judiciary. In a state of law, such conflicts are resolved by the Constitutional Court of Romania, which has the obligation to defend the principle of the separation of powers in the state”, says the AUR in an official statement.
The AUR requests the presidents of the two Chambers, the prime minister and the president of the Superior Council of the Magistracy to notify the CCR on the issue of the violation of the principle of separation of powers in the state.
“The conflict is direct and as obvious as possible between the President of Romania and the judiciary, and these institutions have the right, according to the Constitution, to notify the Constitutional Court regarding constitutional legal conflicts between public authorities. Through his statements, Nicusor Dan sends a dangerous message: that he does not respect the independence of the judiciary and that he allows himself to order the key institutions what to do. Threatening to abolish or force the departure of the CSM is interference brutal, without precedent, which undermines the rule of law”, emphasizes AUR.
“Furthermore, the President has no referendum to call within the justice system. There is already a national referendum, validated by the vote of the Romanians, which clearly established the opposite: no political interventions in the justice system and no emergency ordinances to affect it. Today, Nicusor Dan violates precisely the popular will expressed then. The President of Romania does not have the constitutional competence to intervene, directly or indirectly, in the organization and functioning of the judicial authority. Justice is a distinct power in the state, and its independence is guaranteed by the Constitution, including the role of the Superior Council of the Magistracy, which cannot be undermined by political initiatives or popular consultations of a manipulative nature”, the statement added.
AUR adds that he does not deny the fact that there are problems in the justice system, but the real stake of this approach is different: the control of appointments at the top of the prosecutor's offices, where the CSM has an essential role.
“Today's power invents unconstitutional rules to achieve its goals, just as it did last year on December 6, when the vote of almost 10 million Romanians was annulled. AUR draws attention to the fact that a referendum cannot be used as an instrument of political pressure on the judiciary, nor as a pretext to redraw the constitutional balance between the powers of the state. Any attempt to transfer the decision regarding the organization of the judiciary from the constitutional framework to a populist exercise is a real danger for the rule of law. It is ironic and deeply worrying that the same president who publicly invokes the “fight against extremism” and the “defense of democracy” is the one who pushes the limits of the Constitution and tries to subordinate the Justice to the political will, relativizing the role of the fundamental institutions of the state”, the formation emphasizes.
AUR announces that it will make total and national opposition.
“We will use all the constitutional and legal instruments to defend the separation of powers in the state, the independence of the judiciary and the constitutional order. What is happening these days is not a reform, but an assault on justice and democracy. If it is not stopped, the risk is the loss of the independence and sovereignty of the state,” the AUR said in a statement. (news.ro)
