Bucharest Court Suspends Voiculescu vs CNSAS Trial Pending Constitutionality Verdict

 

The case was sent to the Constitutional Court, on account of an exception raised by Voiculescu’s lawyer.

Calin Andrei Zamfirescu, Voiculescu’s lawyer, claimed in court that article 34 of Government Decision 24/2008 on the temporary functioning of CNSAS contradicts articles 21, 24, 53, 124 and 126 of the Constitution, which proclaim a series of fundamental rights – such as the right to fair trial, equal treatment before the law or the prohibition of alternative courts – and demanded the suspension of the trial pending a verdict from the Constitutional Court.

Tuesday, the court decided the trial would continue when article 34 of the Government Emergency Ordinance regulating CNSAS is applied. At this time, Zamfirescu raised the exception of unconstitutionality of article 34, regarding the fact that such cases are to be tried by the contentious administrative section within the Bucharest Court.

According to the legal amendments occurring after the acknowledgement of unconstitutionality of the Law regulating CNSAS, the contentious administrative section within the Bucharest Court is the only one with jurisdiction in matters regarding Securitate collaboration verdicts. Prior to the changes operated in the normative frame, the verdicts were confirmed by the civil sections within the courts of appeal.

This is the second time that Voiculescu vs. CNSAS sees unconstitutionality exceptions raised. The Constitutional Court approved the first one.

The case went to court when the Bucharest Court of Appeal allowed the challenge issued by Voiculescu when Law 187/1999 on the functioning of CNSAS was dubbed unconstitutional.

In August 2006, CNSAS decided that Dan Voiculescu collaborated with the former communist regime secret police – the Securitate – namely he engaged in political police activities. Voiculescu challenged the decision in the Bucharest Court of Appeal, where the exception of CNSAS’ unconstitutionality was raised and the case file was sent to the Constitutional Court.

On January 31, the Constitutional Court decided unanimously that the Law regulating CNSAS was unconstitutional.

If you liked this story, please follow MEDIAFAX.RO on FACEBOOK »

The content of mediafax.ro is for your information only. Republishing or using this content is forbidden without express consent of MEDIAFAX. For this consent, please ask for it by mail at vanzari@mediafax.ro.