Constitutional Court rules that president can’t refuse to revoke chief anticorruption prosecutor

Romania’s Constitutional Court (CCR) ruled on Wednesday the existence of a constitutional conflict between the Presidency and the Government due to president Klaus Iohannis’ refusal to revoke the National Anticorruption Directorate’s chief prosecutor Laura Codruta Kovesi.

The Constitutional Court made its decision with a majority of votes and was expected to later publish the minutes of the meeting, which also include the court’s recommendation on how the conflict should be solved, according to CCR president Valer Dorneanu, writes local Hotnews.ro.

On February 22, justice minister Tudorel Toader asked the dismissal of the DNA chief prosecutor Laura Codruta Kovesi invoking 20 intolerable acts and facts related to her activity as head of this important institution.

The Superior Magistracy Council’s prosecutor section issued a negative opinion on the justice minister’s request and president Klaus Iohannis later announced he would not revoke the DNA chief. He motivated his decision saying that the justice minister’s arguments didn’t convince him.

The justice minister then went to the Constitutional Court and invoked a constitutional conflict between the Presidency and Government. He argued that the justice minister had the authority and instruments to make decisions related to prosecutors and that the president had no way to assess the prosecutors’ activity.

Meanwhile, the Presidency argued that the president is the one who appoints the DNA chief prosecutor, at the justice minister’s proposal. The president has the right to refuse an appointment that he considers unfit and so he also has the right to refuse revoking the DNA chief prosecutor.

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