Constitutional Court Decision: President must revoke DNA Head

Romanian Constitutional Court has released the motivation for its decision that the President of Romania is to issue the decree to dismiss the Chief Prosecutor of the National Anticorruption Directorate (DNA), Laura Codruta Kovesi.

Judges found that there was a legal constitutional conflict arising from the refusal of the Head of State to respond to the revocation proposal formulated by the Minister of Justice.

In its reasoning, the Court finds that the question of law which was the subject of the referral was the determination of the scope and content of the phrase "under the authority of the Minister of Justice". Judges consider that the authority of the Minister of Justice is not an administrative one, but on the contrary, he has full powers as regards authority over prosecutors, while the President cannot be granted a discretionary power, but a power related to a regulatory and legal control of the procedure.

Besides motivating the Decision that has been adopted by majority vote, the document published on the CCR website also contains the concurrent opinion of the constitutional judges Marian Enache and Simona-Maya Teodoroiu, as well as the separate opinions signed by Livia Stanciu, Daniel Morar and Mircea Minea, says RRA Editor Mădălina Verman.

Source:RRA.Translated by Miruna Matei