The Justice minister’s request concerning the dismissal of the chief prosecutor of the National Anticorruption Directorate (DNA) is just the beginning of the procedure according to the legal competences, but the issue will be settled only after the Prosecutors’ department within the Superior Council of Magistracy will give their consultative advice and after the President of Romania will express his opinion; the latter has already announced the report will be analysed by the departments within the Presidency.
The dismissal request comes at a moment when accusations are publicly launched regarding violations of the legal procedural norms during investigations; these accusations are currently examined by the Judicial Inspection within the Superior Council of Magistracy, structure that – according to the legal provisions – is independent from the Justice minister. The Romanian society, as well as the political and judiciary actors, are deeply divided on this issue. The arguments underpinning the two aproaches are, on one hand, the need for an efficient sanctioning of corruption – legitimate demand of the society -, and on the other hand, the need for guarantees that this anticorruption campaign is led in an undiscriminate and unselective way and that all legal procedures and all fundamental human rights and liberties are observed, as required by the rule of law.
Transparency International Romania firmly supports the idea that the two approaches are totally complementary and should be answered in equal measure, as they cannot be dissociated. With regard to the institutional evolutions of this situation, Transparency International Romania calls on the actors involved:
- To use with the utmost responsability and transparency the legal competences they are empowered with, so that the rule of law is fully observed
- To take the best possible decisions, meant to ensure the credibility of the National Anticorruption Directorate and to make sure the fight against corruption continues with maximum legality and efficiency
- To abstain from any partisanship, even if the society is divided, and to assume the cost of public image loss ensuing from any decision, if this decision is solidly grounded
- To leave no place to populism or ambiguity in the decisions taken, so as not to affect the society’s trust in Justice
We are confident that the Prosecutors’ department within the Superior Council of Magistracy will examine the situation in light of the professional interest of the prosecutors’ body and taking into account the deontological values that guarantee respect for their profession. We are also confident that the President of Romania will take the appropriate decision in order to ensure the good functioning of the State authorities and the organizational requirements of the Romanian society, in full respect of the rule of law that governs any democratic state.
Transparency International Romania is one of the main actors of the international civic society, and contributed to the drawing up of the anticorruption laws and to the creation and strengthening of the anticorruption institutions in Romania; it demonstrated, during the 2002-2007 period the same visionary approach the founders of the TI movement had 25 years ago, when they created this world organization.
In the same spirit, Transparency International Romania is calling on the public authorities with competences in this field to make sure the decisions they will take will guarantee that the fight against corruption will continue in Romania, that it will be a priority and that it will be led in a credible, unequivocal and unselective way, that will not affect the democratic values and principles of the society.
Unlike the „anticorruption” campaigns in states with democratic deficit, such as Russia or Turkey, the fight against corruption and the penal sanctioning are carried out in full respect of the rule of law and of the human rights, principles that Transparency International and other international organizations of the civil society have always supported, as foundation for justice, democracy and prosperity.
As far as the public debates regarding the accusations against the National Anticorruption Directorate are concerned, Transparency International Romania calls on the opinion makers to responsibly approach the issue and to not injustly generalize the problems to encompass the entire institution or the entire professional body; Transparency International Romania also calls on the authorities competent to examine the accusations to quickly give an unequivocal answer, thus proving that the self-control mechanisms of the Romanian constitutional system are functioning. Finally, we express our full support for an efficient and independent National Anticurruption Directorate, able to aswer the social need for a continuous fight against corruption.
Transparency International Romania will make a professional and impartial analysis of the report and its annexes, as well as of the opinions expressed by the chief prosecutor of the National Anticorruption Directorate, and will publicly present this analysis.
Transparency International Romania
The values of Tranparency International Romania art. 7 align. (2) of the Statutes: “The association carries out its activities based on the values of transparency, responsability and accountability, integrity, solidarity, courage, justice and democracy.”
Contact: Georgeta Filip georgeta.filip @ transparency.org.ro, tel: 0722598014