According to Funar, if this law were repealed, the aforementioned legal bodies might probe the ministers committing criminal acts, drawn up the necessary papers, and sent them to court without the President’s inherence.
"Romania’s President has become a judge and decides which minister must be sent to court, and this is not at all fair. To put an end to this messy situation in which the President sends ministers to court and dismisses them as he wishes and in collaboration with the abovementioned bodies, I suggest repealing this unconstitutional law at once,” Funar said.
Funar stressed that if the government fails to take such measures on the matter, he will then submit at the beginning of the parliamentary session in February, a legislative proposal repealing this unconstitutional law.
Under law no. 115/ 1999 on ministries’ liability, as far as ministers are concerned, the President orders the start of a criminal probe, whereas in the case of senators and deputies, the Chamber of Deputies and the Senate are entitled to decide on the start of a criminal probe.
However, the dilemma as to who is entitled to ask for criminal probes against the ministers who are also members of Parliament is yet to be cleared out.