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Iohannis : attacks on prosecutors have become increasingly virulent over the past two years
President Klaus Iohannis said on Wednesday that the magistrate's institutional mission should in no way be hijacked, even though pressure on prosecutors has lately intensified, adding that the Romanian society is a powerful ally of a fair justice.
"Courage, integrity and the constant desire to provide citizens with a safer country, where those who violate the law do not escape unpunished, restitution to the society for the damage incurred are milestones in your work. The magistrate's institutional mission should in no way be hijacked, even if the pressure on prosecutors has lately intensified, and the meddling of the political factor in the act of justice has become increasingly more serious. You have a very strong ally in your corner, the Romanian society, who understood in its entirety that Romania cannot progress as long as justice is not left to do its job. Justice is primarily a public service, and the rise of citizens' trust every year is a signal that democracy in Romania is getting mature," Iohannis told at the 2018 activity report meeting of the Public Prosecution Service.
Iohannis stressed that it is incumbent on all those working in the legislative and executive sphere to protect the rule of law and guarantee the rights and freedoms of the citizen, and from such perspective "the role of magistrates is essential."
"Your activity is indispensable to the achievement of justice and the protection of citizens' rights and freedoms, so your voice must be listened to especially when completing your mission is hindered or even jeopardized. Romanians want a better country; they need the security offered by the rule of law, equality of treatment before law, regardless of social position, social status or financial power, and, moreover, Romanians want a country without corruption," he said.
The president pointed out that, beyond their constitutional mission, magistrates provide "a moral compass to the society" and for that reason "any deviation from rules, and abuses should be rectified and penalised in a speedy manner" in order for their effect not to negatively impact the majority of those who carry out their duties with professionalism.
"Looking ahead, Romania needs stability firstly, not only at a political level, but also at a legislative level. The rapid changes in today's society and the complexity of social relations bring challenges of equal size. That is why crime prevention and the development of public policies to support it, from the legal education of young people in schools to adult education, must not be neglected at all. I have been and remain a firm supporter of an independent and functional judiciary that guarantees and respects the citizens' rights and freedoms. You will always find a partner in me in the observance of the law and in the fulfilment of the constitutional mission entrusted to the Public Prosecution Service. The trust you enjoy with the public should honour you and make you work with the same rectitude, showing constantly that the constitutional notion that no one is above the law is a reality, and not a mere desideratum," added Iohannis.
În his opinion, President Klaus Iohannis said that attacks on prosecutors have become increasingly virulent over the past two years.
"2018 was full of challenges, in which the topics on justice continued to make the public agenda due to the obsessive insistence of the present majority to intervene politically in a field whose independence must be guaranteed. In the 1990s, when Romania was making the first steps in the establishment of the democratic regime, through the drafting of the Constitution (...) the constitutional legislator gave the Public Ministry a special role - to represent the general interests of society, to defend the rule of law as well as citizens' rights and freedoms. This mission of the Public Ministry is not easy at all, especially since the attacks on the prosecutor's body have become increasingly virulent in the last two years. When precisely the people who have direct interest to escape from criminal investigations are those making laws in the judiciary, then the very foundation of the state is being threatened," Iohannis told the event hosted by the National Military Club.
Iohannis stressed that "impartiality, integrity and professionalism" are the guarantees that legitimize the activity of the prosecutor and ensure credibility at the level of society. On the other hand, he added that almost 30 years after the regaining of freedom in Romania "there are still politicians with authoritarian reflections, who think they are entitled to grant themselves privileges."
"In the year that ended, there were important changes in the legislation on the status of judges and prosecutors, the judicial organization and the organization and functioning of the Superior Council of Magistrates. The Public Ministry sounded the warning bells about the provisions likely to affect the status of prosecutors and the activity and their willingness to explain to parliamentarians and the government the real problems of the judiciary. Unfortunately, their option, the parliamentarians' option, was to ignore both the opinions of the body of prosecutors and the firm recommendations of the Venice Commission and the European Commission, including the report on the Cooperation and Verification Mechanism (CVM)," the President said.
Iohannis mentioned that the Government "insists on the practice of abusive use of emergency ordinances," which produce "the deepest and most serious effects within the justice system." In this respect, he made a direct reference to OUG 7/2019.
"Impairment of the prosecutor and judge's career, an increasingly obvious attempt of political control over some Prosecutors' Offices, insistence on increased powers for the Judiciary Crime Investigation Section - despite the fact that the European forums severely criticized its establishment - all these are serious reasons for concern. The transposition into national law of the recommendations contained in the reports of the European Commission, the Venice Commission and GRECO is not optional, but those in power prefer, for obvious reasons, to ignore them. The statute of prosecutor has been and is under the siege of some political authorities, who seek to subject it to the will of politics, which is subjective, biased and changing in its essence. Despite this attack on justice and the attempts of the political factors to subordinate the prosecutors, the ideals, the principles and the regulation that guide your activity must remain aligned with both the general interests of society and the European values," said the President.
At the same time, the head of state congratulated the representatives of the Public Ministry for the results of the work done last year.
(Source photo: presidency.ro)