The Minister of Justice responds to the criticism of President Nicușor Dan: “MJ is aware that there are problems in the judicial system”
Minister of Justice, Radu Marinescu. Photo source: Inquam Photos / George Călin
The Minister of Justice Radu Marinescu stated, for HotNews, regarding the observations of President Nicușor Dan related to the “lack of will” of the Ministry of Justice to solve the problems of the judicial system, that the Ministry of Justice cannot intervene in the act of justice, but has the will to participate in the efforts to correct these problems.
“The president has every right to react to the concerns of society and the legitimate expectations of citizens,” Radu Marinescu told HotNews.
“The Ministry cannot interfere in the act of justice”
The minister said that MJ is involved in the realization of the government program assumed by all parties in the coalition
“The Ministry of Justice applies the government program that was designed by all parties in the coalition. This program aims to modernize and make justice more efficient and responds to society's expectations. The Ministry of Justice is part of the government that is trying to reform service pensions, a matter that is a response to society's expectations,” said Marinescu.
On the other hand, the minister cites the fact that the MoJ cannot be directly involved in the act of justice, which is the competence of the magistrates, but this does not mean that the ministry is not aware of the problems of the judicial system.
“The Ministry of Justice acts within the limits of its competences and cannot interfere in the act of justice, the correct and expeditious application of the law being the attribute of the magistrates, in the context of the independence of the judiciary, who are also responsible for how they perform their duties. The Ministry of Justice is aware that there are problems in the judicial system and has the will to participate, within the limits of legal competences and the Constitution, in joint institutional actions to correct them,” Radu Marinescu said.
Criticism of the president
“The simplest thing is to revolt, once again, and throw generic blame”, writes Nicușor Dan in a reaction on X in which he announces that he saw the Recorder documentary “Captured Justice”. “It is even more difficult to solve the problems in the judiciary,” continues the president.
“I don't want to excuse politics in any way. The fact that the anti-corruption fight has been dramatically reduced has political influence. The appointments of the chief prosecutors were political. Society has been talking about problems in the judiciary for a long time without seeing, at the level of the Ministry of Justice, the will to really get into them”, writes Nicușor Dan in the post made on X.
Nicușor Dan's reaction after the Recorder documentary
Marinescu evokes the limits of MJ's competences
Also on the subject of the Recorder investigation, Minister Radu Marinescu made a series of clarifications through a post on his Facebook account. Referring to the “alleged manipulation of justice in various high-profile judicial cases”, Marinescu says that these things must be investigated by the Judicial Inspection and the CSM, as well as by the courts, since the Ministry of Justice cannot intervene in the resolution of some cases.
Regarding the special criminal prescription, regulated by GEO 71/2022, Radu Marinescu recalls that it was an obligation assumed by PNRR. “Thus, the Ministry of Justice has fulfilled its powers in legislating a modern framework to ensure the independence and efficient functioning of the judiciary, further these are related to the judicial authority, prosecutor's offices and CSM”, comments the minister.
He claims that he cannot make judgments about the “capture” of the CSM as long as its members, elected by the magistrates, were appointed in compliance with the law.
“Captured Justice”. In a Recorder investigation, several judges and prosecutors, former heads of the DNA and the CSM, describe how the files are prolonged so that the accused can escape / “We ended up reinventing the law” / The Vanghelie, Burci and Popoviciu cases
“If there are concrete situations of abuse, negligence, favoritism or corruption in the exercise of the judicial function, they must be promptly investigated and sanctioned, and the Ministry of Justice supports the need to combat any form of perversion of the judicial act from the demands of objectivity, impartiality and finding the truth”, writes Marinescu.
“There are still issues to be corrected in the judiciary and this must be done responsibly and professionally,” the minister concluded.
