Romanian Constitutional Court Says Dignitary Probes Need Parliament OK

Thus, for MPs Adrian Nastase – former prime minister and Miron Mitrea, Paul Pacuraru and Codrut Seres – former ministers, the prosecution office is obligated to send, depending on the case, the criminal investigation approval request to the chamber of Deputies or the Senate. The Constitutional Court acknowledged, Monday, the existence of a legal conflict of constitutional nature between the Public Ministry and the Parliament, regarding the procedure to be observed in the criminal investigation of former and current government members, for deeds committed while in office, and who are MPs when the notice is sent.

According to the Court, when applying the provisions of article 109 , paragraph 2, thesis one of the Constitution, the Public Ministry will notify the Chamber of Deputies or the Senate, depending on the case, to request approval for the initiation criminal investigation against former or current members of the government, for deeds committed while in office, and who are MPs when the notice is sent.

When applying the provisions of article 109 of the Constitution, the Public Ministry will notify the president, depending on the case, to request criminal approval for the initiation of criminal investigation of members of the Government who, when the notice is sent are not MPs.

The Constitutional Court acknowledges that there is no legal conflict between the president and the two chambers of the Parliament.

The Constitutional Court decision is final and binding.

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