The decision of the CCR buries the political future of Liviu Dragnea! A victory as a defeat

Liviu Dragnea won, at least in appearance. Because if we read the final decision, we see that black is written in white:

THE CONSTITUTIONAL COURT

In the name of the law, HAS DECIDED:

1. accepts the notification of the Prime Minister of the Romanian Government and notes the existence of a constitutional legal dispute between the Parliament and the High Court of Cassation and Justice, which follows from the decisions of the High Court of the Court of Cassation and Justice, starting with Decision No. 3/2014, according to which only 4 of the 5 members of the 5 juries are nominated by lot, in violation of the provisions of Article 32 of the Law No. 304/2004 on organization as amended and supplemented by Legeanr.255 / 2013.

2. The High Court of Cassation and Justice shall immediately proceed to the appointment by lot of all members of the supplements of 5 judges, in accordance with Article 32 of Law No. 304/2004 on the Law. judicial organization, as amended and supplemented. by the law n ° 207/2018.

Definitive and generally binding.

But as I said, there are at least three articles in the CCR decision that do not please Liviu Dragnea.

The first two are:

162. In criminal matters, since Article 354 of the Code of Criminal Procedure, [care prevede că „Instanţa judecă în complet de judecată a cărui compunere este cea prevăzută de lege”], which is a referral, ideally incorporates the rule to which it is sent, it can be seen that it qualifies the composition of the Criminal Procedure Court and that the rules of criminal procedure are, as a general rule, immediately applicable. (…)

163. In that the law of criminal procedure is immediately applicable, the Court upholds Decision No. 178/1918 according to which "the rules of criminal procedure are governed by the principle of the immediate application, which covers both criminal proceedings and criminal proceedings, those in the process of judgment (…)

One interpretation I received from a criminal lawyer is that the decisions of the 5 ICCJ judges can be the subject of an annulment petition in accordance with the CPP rules, respectively 10 days after the person became aware of the decision. .

Read more …

Recent news! All budgets will receive this money! The government has decided!