Justice Minister wants the Prosecutor General dismissed

Justice Minister Tudorel Toader is, once again, the central character of public controversies

Bogdan Matei, 25.10.2018, 12:43

To his supporters, Justice Minister Tudorel Toader has outstanding merits in putting an end to the abuse and human rights violations supposedly committed in courts and penitentiaries, and further to which Romania has lost countless cases at the European Court for Human Rights.

To his opponents, however, he is the most efficient instrument used by the ruling coalition, made up of the Social Democratic Party and the Alliance of Liberals and Democrats, in its attempt to bring magistrates under political control and to hinder the fight against corruption.

During Toaders term in office, the chiefs of the main prosecutors offices have been replaced one by one. After the head of the National Anti-Corruption Directorate, on Wednesday it was the Prosecutor Generals turn, as Toader announced he initiated the procedure to remove Augustin Lazar from office.

In an activity assessment report, the Justice Minister accuses the Prosecutor General of generating constitutional conflicts between public authorities and of making public statements of a political nature, including unprecedented accusations that targeted public authorities, Parliament and the Government. The Prosecutor General failed to meet his stated objectives, challenged the justice laws after the constitutionality checks had been completed, broke the law by signing protocols with the intelligence services, thus paving the way for a parallel judicial system, Tudorel Toader also claims:

Tudorel Toader: “The facts presented in this report, which are intolerable in a rule-of-law state, prove that Mr. Augustin Lazars managerial activity comes against his constitutional and legal obligations. Under these circumstances, his holding the leading position in the Public Ministry is no longer acceptable.

In response, Augustin Lazar says the report includes exaggerations and that it is designed to destabilise the Public Ministry. He argues that freedom of expression must be used against any interference that threatens to affect the independence of prosecutors:

Augustin Lazar: “All the decisions I have made, ever since I took over the Prosecutor General post, have relied on constitutional principles and values. In my capacity as Prosecutor General, I have also exercised my obligation to stand up publicly, to present the views of the institution, in response to many unwarranted attacks against the judicial system.

The request to remove Augustin Lazar from office has been submitted to the Higher Council of Magistracy for a consultative opinion, and to President Klaus Iohannis, who has the authority to appoint and dismiss chief prosecutors.

The Social Democrat Florin Iordache, a former justice minister, says the assessment presented by Toader includes enough examples of regulation breaches for Lazar to be dismissed. The right-of-centre opposition, however, believes the procedure to remove the Prosecutor General is just an attack against the independence of the judiciary.

(translated by: Ana-Maria Popescu)