DNA: Decision on hearing prosecutor in the Colectiv case likely to set a dangerous precedent

The decision of the Judges Section of the Supreme Council of Magistrates (CSM) regarding the hearing prosecutor in the Colectiv case is likely to set a dangerous precedent, as a request for recusal by the prosecutor is a legal step, the National Anti-Corruption Directorate (DNA) said on Wednesday.

This position comes after on Tuesday the CSM Judges Section found that the independence and impartiality of the judges of the Bucharest Court of Appeal that have taken up the Colectiv case and of the judges ruling on the recusal request.

In a press statement released by DNA on Wednesday, DNA says that is has taken note with obvious concern of Decision 11650/2021 of the CSM Judges Section that reads the prosecutor exercising in court his rights and obligations should be dismissed from DNA.

DNA shows that, according to the agenda on Tuesday, the Judges Section found that, following a reasoned request for recusal made by the prosecutor at one of the hearings in the Colectiv case, the independence and impartiality of the entire panel of judges, and also of those having taken up the case were violated.

DNA also says that the Judicial Inspection has not requested its opinion in drawing up the report that was the basis for the decision of the Judges Section, as was legal and natural.

"After the aforementioned Judges Section releases its decision, and the request to dismiss the prosecutor is made, we will decide on the legal steps to take. DNA considers that the decision of the SCM Judges Section is likely to set a dangerous precedent, as a request for recusal by the prosecutor is a legal step provided for by the Code of Criminal Procedure."

Moreover, adds DNA, under the Law on Judicial Organisation, the prosecutor is free to present in court the conclusions he considers justified, according to the law, taking into account evidence administered in the case.

DNA emphasises that the independence of magistrates, judges and prosecutors, including prosecutors attending court hearings, remains an essential condition for establishing the legal truth and the dispensing of justice.