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AG Lazar: CSM will not ask Judiciary Inspection to examine DNA's probe into issuing of OUG 13


Attorney General Augustin Lazar said Tuesday that the Supreme Council of Magistrates (CSM) denied a request for the notification of the Judiciary Inspection to look into the criminal probe conducted by the National Anti-Corruption Directorate (DNA) into the issuing of emergency ordinance OUG 13 and his management of communication after the issuing of the ordinance.

"This was a welcome test for the independence of the magistracy that proved that CSM is indeed the guarantor of independence of the magistracy. Our colleagues proved by this test that we make decisions here and manage to design a strategy for independence of the magistracy that is absolutely right. (...) Judiciary Inspection will not be notified, but this was a good test to see whether or not a CSM member can express himself, can say what he thinks intimately and sincerely about certain circumstances in the judiciary," Lazar said upon leaving the CSM offices about the request for the Judiciary Inspecting to be notified about his communication management after the issuing of controversial emergency ordinance OUG 13.

Lazar went on to say that the request for the Judiciary Inspection to look into the DNA's probe into the issuing of OUG 13 was also denied.

"We are waiting for the reasoning behind the CCR ruling. I have said that the prosecuting magistrates followed and exclusively investigated criminal aspects related to the matter at hand, and our colleagues understood, they denied this request for disciplinary inquiry, which is unwelcome now that a criminal file is being solved because that could be interpreted as interfering. (...) That was full denial, meaning that our colleagues understood that there was a probe, and that the probe is ongoing triggered by a legitimate suspicion that criminal action had been done that had to be clarified and that is being clarified," added Lazar.

Asked whether any of the CSM members voted for the Judiciary Inspection probing him, Lazar said there were very few or even just one.

He said once again that the probe into OUG 13 will continue, adding that the actual criminal aspects are not considered in the CCR ruling.

"The ongoing probe will undoubtedly continue. We have to establish the truth in this matter as well as the persons and actual circumstances of some misdeeds. The criminal aspects of the case are not considered in the CCR ruling about blocking the probe. The probe must be clarified. The probe will surely be conducted within the strict confines of the measures provided by the CCR ruling. The CCR reasoning will set the constitutional limits for the operation of the judiciary body. We know in principle what they are, in that we do not have to interfere with the business of other state powers," said Lazar.

Attorney General Augustin Lazar told a plenary meeting on Tuesday of the Supreme Council of Magistrates (CSM) that he has found only aspects of criminal investigation in the court file under which emergency ordinance OUG 13 is being investigated, adding that the ongoing criminal probe should not be halted. 

CSM considered notifying the Judiciary Inspection to look into the National Anti-Corruption Directorate (DNA) overstepping its powers by investigating the legality and opportunity of OUG 13 as well as Lazar's management of communication after the ordinance was issued. 

Lazar mentioned having analysed the file and found only aspects of criminal investigation. 

"About the criminal probe by DNA, I would like to say that I have looked into the file and found only aspects of criminal investigation (...) We have to wait for the reasoning of the Constitutional Court of Romania (CCR), which we will respect, but I can assure you that I saw the file and the actual aspects investigated as well as the actual persons having allegedly done the misdeeds. (...) We should not stymie an ongoing criminal probe by making comments and making more decisions than normal. Because there can be an interpretation that prosecutors who have started an investigation into actual deeds are being intimidated. I can say there are actual deeds, as I have seen the file (...)," said Lazar.