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The deputy speaker of the Chamber of Deputies, Florin Iordache, a member of the PSD, said Wednesday in his conclusions of the Constitutional Court on the protocols, that the situation in 2009 would be much more serious than that of the communist period. Iordache also asserted that, based on the 2009 and 2016 protocols, the IRS had acted as the criminal investigation body, thus exceeding its remit. The representative of the Prosecutor General's Office in the debates stated that this status of the protocols was equated with Stalinist justice, which is surprising to say the least: "A state power shows in the state in which it operates as totalitarian power ".
"You are called to make a decision condemning the secret links between the services and institutions called to perpetuate the abuses committed in Romania.I ask you to admit this constitutional conflict between the public prosecutor – the prosecutor's office, the HCCJ and the other tribunals that must do justice to the law.The Public Prosecutor's Office violated its own usurpation of Parliament's powers, conferred on SRI criminal investigation powers, conferring by secret acts powers that Parliament does not have. The prosecutor's office also violated the constitutional attributes of the Court and other courts, as defined in Articles 124 and 126 of the Constitution, through secret protocols with the SRI. the public prosecutor's office, the prosecutor's office attached to the High Court of Cassation and Justice, intervened in the trial so that the judges could not to have as long as these protocols were secret. without knowing the basis of secret protocols involving out-of-law procedures and law enforcement procedures, "Iordache said, quoted by Mediafax.
Iordache insisted that the situation would have been worse than that of the communist dictatorship.
"The situation after 2009 is much worse than during the communist period because, as in the communist era, the security services could conduct criminal investigations." Lazar said that these protocols are methodological working documents and do not provide the basis for the investigation. The declaration is completely cynical and false, and the protocols for 2009 and 2016 go far beyond the powers of the law, and these standards have had concrete effects and materialized through evidence from the courts about the cooperation between Constau and the "establishment of joint teams based on joint action plans. This is far beyond what the law allowed. The way in which the warrants were put into practice was against the law. SRI's ability to perform precursor work has exceeded the limits set by the lawyer. In practice, this provision of the protocol took the form of Article 224 of the Code of Criminal Procedure, "he said.
The supporters of the dismissal also cited the example of ex-judge Toni Grebla, of the CCR, who claimed to have been "victim" of the protocols.
In response, the representative of the Public Prosecution Service showed that the SRI operated under the direct coordination of the CSAT and that the Parliament, through its two chambers, monitored and verified the work of the SRI so that the legislator could intervene if necessary.
Representative of the Office of the Prosecutor General, Iuliana Nedelcu, stated that, in the context of the referral, the Chamber makes ad hoc criticisms of the protocols and their normative framework, but also brings other criticisms. For example, this situation of the protocols has been assimilated by the authors of Stalinist justice.
"This support is surprising to say the least, since a state power affects the state in which it operates as a totalitarian power." It's an argument based on an emotion that speculates on a factor. The only difference between emotion and emotion is the human factor of the audiory, in order to determine it for a certain decision and for an easier understanding of the situation, "said Nedelcu.
In addition, the representative of the Attorney General's Office showed that these protocols were in fact technical documents, which aimed to establish collaborative engagement and rigorous working procedures. "The mere fact of the existence of protocols is not illegal," said Iuliana Nedelcu.
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