Saturday, October 06, 2007

Chess, but not mate

The government replaced the obedient members of the presidential commission with magistrates, which is a tough, but not deadly offensive against President Basescu, since he has got the Constitutional right to decide how he pleases.
The ministerial responsibility law was modified so that the Superior Council of Magistracy would appoint the members of the commission who consent to criminal inquiries against ministers. The members are to be appointed in 30 days' time and the criminal cases against officials are frozen until then.
The President may disregard magistrates' decision, but he will have to explain and announce the decision by which magistrates investigate on a minister. One more point set in the Emergency Ordinance no. 97 is the fact that the National Anti-Corruption Department has no longer got the right to ask for consent to the opening of criminal investigations against ministers. It is now only the general attorney's right. President Basescu is accusing the Tariceanu Cabinet of "abuse of power", outlining the Superior Council of Magistracy didn't consent to the emergency. And politicians don't share opinion on it.
Politicians comment on ordinance to modify presidential commission
Crin Antonescu, leader of Liberal deputies: "Basescu's personal instrument"
"Unfortunately, Romania's president is corrupted and cynical. After his failing plot with the Social-Democrat Party, he dares talk about democracy and independent Justice ! The Cotroceni commission has proved to be Traian Basescu's personal political instrument, but not a Justice instrument. (...)
Now the man in Cotroceni Palace may no longer remove people from the government the way he pleases, which is very benefic. Traian Basescu is deeply corrupted and abusive".
Peter Eckstein-Kovacs, senator from the Democrat Union of Magyars in Romania: "Arguable regulation"
"An arguable regulation is now arguably modified. The solution isn't against the Constitution, but it raises doubt on some magistrates' participation to an institution with administrative attributions, which is against the principle of the separation of powers in state"
Emil Boc, president of the Democrat Party: "Victory against the rule of law"
"The only emergency of the 2nd Tariceanu Cabinet is to overtly protect ministers by releasing documents to block the research of judges on ministers suspected of corruption. (...) Chiuariu, Pacuraru and Remes are above the law and they enjoy immunity. The ordinance is the Tariceanu Cabinet's victory against the rule of law".
Corneliu Vadim Tudor, leader of the Greater Romania Party: "Bravo ! Well done !"
"How come Basescu is investigating ? What has he got to do with the power of judges ? (...) Brave guy, Chiuariu ! Bravo ! Well done ! They took his toy. The justice minister has made no mistake so far. He is right, which is why my party will support all his initiatives".
Victor Ponta, vice president of the Social-Democrat Party: "The Liberals are afraid"
"I don't trust Liberals' sincerity. One year ago they voted against the law draft authored by myself and the party, which pursued to dismember the commission. Their emergency ordinance taking this measure shows the Liberals are afraid of the situation emerging because of the investigated ministers. I am now expecting an ordinance to dismember courts and the Parliament who voted against the government".
German MEP Markus Ferber: "A step back"
The German MEP Markus Ferber announced yesterday that he was going to ask Commissioner Franco Frattini to apply the safeguard clause on Romanian Justice, because of the government's decision to modify the ministerial responsibility law. He described the ordinance on the presidential commission as "a step back" in the fight against corruption and he opined the document was unable to destroy the nigh level corruption network. He commented it was unacceptable that the justice minister himself should propose such an ordinance, adding the European Commission had to think about measures and action.

Razvan Gheorghe
& C.A.
Ziua saturday 6 october 2007 http://www.ziua.net/english

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